Legal Question in Wills and Trusts in California
If a couple's living trust provides for specific cash distributions upon the death of the surviving spouse, and the trust is divided into A and B trusts on first death, and the surviving spouse does not exercise power of appointment over Trust A, do the specific cash distributions get paid from each trust on the surviving spouse's death (in other words doubled), or only once?
2 Answers from Attorneys
The division of a trust into A and B trusts is mostly done for tax purposes. It does not increase the benefit to each beneficiary.
There should only be a single cash bequest gift. If the couple is alive they should reconsider the need for the A/B Trust given tax law. Lastly, if surviving spouse has passed away, the successor trustee should work with a qualified attorney for Trust administration to make sure everything is done appropriately.
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