Legal Question in Wills and Trusts in California
Reference to a restatement of trust in a will.
My mother and father had an original trust, then a restatement of trust. My father subsequently died. We have to redo my mother's will. How do we refer to the trust in the section of the will regarding residue of estate, since there was a restatment of trust and then Part A of that restatement went into effect due to the death of my father? Also, when we reference that my mother was trustor and trustee, do we have to say "surviving" trustor and trustee?
Thanks very much.
1 Answer from Attorneys
Be careful about redoing anything as most trusts have an A-B provision dividing up the trusts assets into two trusts upon the death of the first spouse, one of which is irrevocable. You don't have to worry if it is a small estate but if it is of any size at all you should spring for a visit with a probate specialist, as there may be serious tax consequences for screwing it up!!
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