Legal Question in Wills and Trusts in California

Can I amend a Revocable Trust Family Trust that was made with my husband who is now dead?

Asked on 2/03/14, 12:53 pm

4 Answers from Attorneys

Michele Cusack Pollak & Cusack

It depends on the terms of the trust. It might be [email protected] revocable and amendable, or part of the trust might have become irrevocable on your husband's death. You can always amend or revoke as to your 1/2 interest in community property assets and your separate property.

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Answered on 2/03/14, 1:04 pm
William Christian Rodi Pollock

The trust instrument itself will govern the response to your question. You should be able to revise your portion, but whether you can change that of your husband is entirely dependent on the actual trust terms. It is probably desirable to engage counsel to advise you on the issue, and to assist in any revisions you intend.

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Answered on 2/03/14, 1:20 pm
Joel Selik

It is most likely that you can amend your half of the trust.

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Answered on 2/03/14, 2:04 pm
Anthony Roach Law Office of Anthony A. Roach

You are going to have to consult with an attorney in more detail. It is not clear if you have what is called an "A B" trust, which is only half amendable, or something else.

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Answered on 2/03/14, 5:37 pm

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