Legal Question in Wills and Trusts in California
My parents have a will and a revocable living trust. The trust states: husband leaves this person his certain jewelry and another person his other jewelry. Wife leaves another person her jewelry. Husband just passed away. They were both equally owners of trust.
1. Is his jewelry hers to keep until she passes, or must it be given now?
2. If it is hers, can she change the bequests in the trust?
Family dynamics have changed and they did not keep up with changes through the years.
Also, we are in California and she is mentally capable to make decision.
Thank you.
1 Answer from Attorneys
It depends on how the document is written. Is the Trustee instructed to make the distribution upon the death of the husband, or upon the death of the surviving spouse? If the latter, does the surviving spouse have the power to amend or revoke the trust? Your mother should consult the attorney who drafted the trust, or another estate attorney, to assist her in first death administration.
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