Legal Question in Wills and Trusts in California
When I was married I had a Living AB Trust with my ex. We have been divorced for over 5 year but kept the Living Trust without any modifications and added some property into it.Now we are planning to re-marry. Do we need to do anything with the trust? Will we need to amend it to explicitly state that we were not married during certain period of time but now are and want all the provisions of the trust remain the same? Please advise how to keep the trust valid. Thank you!
1 Answer from Attorneys
It is probably valid without more, but I would be concerned someone could argue down the line that the divorce voided the trust, notwistanding your demonstrated intention otherwise. You can do an Amendment and Restatement, in which you execute before a notary the written affirmation and restatement of the trust. I would be a very simple document. At the same time you can do any changes or updating.
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