Legal Question in Wills and Trusts in California

If a spouse is not a beneficiary of a trust, but is allowed to reside in the family residence at the Settlor spouse's death, does the residence become part of the surviving spouse's estate?

Asked on 6/25/10, 1:35 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The residence belongs to the trust, and sooner or later she'll be evicted.

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Answered on 6/25/10, 6:22 pm

Anthony Roach Law Office of Anthony A. Roach

If she is specifically given the right to live there, the surviving spouse is not evicted. It sounds as though a life estate has been created through a trust. In that situation, the answer to your question is No, the property does not become part of the surviving spouse's estate.

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Answered on 7/01/10, 12:48 pm

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