Legal Question in Wills and Trusts in California

If someone has a living trust in their and their husbands name and their husband passes away can they open another living trust in their name in order to put some property in it that didn't get put in the trust that was in both of their names

Asked on 8/19/13, 11:28 pm

3 Answers from Attorneys

Michele Cusack Pollak & Cusack

yes, but why not title the property in the original trust?

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Answered on 8/20/13, 4:00 am

Kelvin Green The Law Office of Kelvin Green

Two trust would be cumbersome. Suggest hiring an attorney

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Answered on 8/20/13, 6:03 am
William Christian Rodi Pollock

Normally when your husband passes away, an affidavit of death of trustee is recorded, whic indicates who the successor trustee is. If you are the successor, you would then need to place yourself in a position to deed the property to the trust with you as the sole trustee. Getting the ability to deed the property may require a probate (or some other transfer proceeding), depending on how title was held and the value of the property. This assumes a lot of facts, however, as to what the trust says and how title reads. This is not a do it yourself project. You should engage counsel to do this right.

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Answered on 8/20/13, 10:13 am

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