Legal Question in Wills and Trusts in Georgia

in 2007 my dad and step mom created a trust. upon his death the trust was split into two seperate trusts,one cannot be revolked. and i am the final benefishery of that trust. in article 2 this limitation shall terminate on the death of either of us. should we demand my step mom execute this trust? the probate code is 16061.7 in california.

Asked on 9/29/11, 6:59 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You posted this in a Georgia area so it is unlikely any California lawyers will see it. You may want to post in the correct state on LawGuru. No one in Georgia is likely to know.

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Answered on 9/29/11, 7:31 pm

Not to be rude, but if the trust is in California, why are you asking Georgia-licensed attorneys?

If this is a California trust and provides that it is to be governed by California law, then you need to consult with a California-licensed attorney.

However, this sounds like a marital A-B trust. The way a marital A-B trust works is that upon the death of the first spouse, then 2 trusts are created: one for the wife and one for the family. The family trust becomes irrevocable upon the death of the first spouse. The surviving spouse's trust is revocable by the surviving spouse. The survivor gets benefits from his/her trust and, if necessary, can also access the funds from the family trust.

I don't know what you mean by demanding that your stepmother "execute" this trust. Did you post this before?

As I explained, your stepmother does not execute the trust. And, if you previously posted, I indicated that your stepmother would have to be trustee in order to do anything. If this is a marital trust, she cannot be the trustee of the family trust. The trustee of the family trust can only pay out money as per the trust terms. You do not mention what the trust terms say about payments other than to note that whatever limitiation is set forth gets lifted upon the death of either of the settlors or grantors (your father and his wife).

Since I am not licensed in California and am not privy to the terms of the trust, I don't know what it says or what you are quoting from. You can try and repost this to California trusts lawyers to see if they know the answer, but unless a California lawyer reviews the whole trust document it will be impossible to know whether the trustee has or has not fulfilled his/her obligations as set forth in the family trust.

It would be better for you to find a probate/estate/trust lawyer in Calfornia in the county where your parents lived and pay him or her for their time to review the trust and explain it to you. Failing that, then read the trust and ask the trustee why he/she has not abided by whatever the trust says.

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Answered on 9/29/11, 8:23 pm

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