Legal Question in Wills and Trusts in California

My parents had a revocable living will. My sister, an attorney, is co-trustee, POA, and executor of the trust. When my dad died, everything passed on to my mom, who had dementia. Now my mom has died.

There is no mention in the trust of it becoming non-revocable upon death of the longer-surviving spouse, although I know this is usually the case. How can I determine when and if the trust became non-revocable?

Asked on 1/15/20, 8:00 pm

2 Answers from Attorneys

Michele Cusack Pollak & Cusack

You can have an attorney review the document to be sure, but many living trusts nowadays remain fully revocable on the first death as there is rarely a reason to include a tax exemption trust.

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Answered on 1/16/20, 10:24 am
Scott Jordan Jordan Law Office

Since both Settlors (your parents) are now deceased, the trust is probably irrevocable now, unless there is some language in the trust that grants a successor trustee the right to make to changes.

I agree that you should consult with a local estate planning attorney to review the trust.

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Answered on 1/16/20, 11:16 am

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