Legal Question in Wills and Trusts in California

You don't want the trust to be a joint tenant (right of survivorship) but can be a tenants in common.

I agree with Ms. Cusack. Have you talked to an Estate Planning Attorney?

A trust is not a legal entity, but rather an obligation between a trustee or trustees and a beneficiary or beneficiaries. A trustee holds title in trust. The trust does not die when he or she does, and he or she rarely dies at the moment the trust winds up (as they all eventually must do under the rule against perpetuities). A joint tenancy must be held in undivided equal shares of identical kind taken at the same time. That combination of rules precludes a trustee from ever taking title to a joint tenancay in their capacity as trustee. The individuals would take title in fee simple absolute. The trustee takes title in trust. You could take title with your wife as joint tenants as to an undivided 2/3 interest, and yourself as trustee for the Smith Special Needs Trust. You would, as the other attorneys have said, need to consult with an estate planning attorney to see if that would be beneficial.