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What happens to my revocable living trust after divorce in California?

San Leandro, CA |

My ex-husband and I created a revocable living trust during our marriage. We are now officially divorced. What happens to the trust and is any action necessary on my part?

Attorney Answers 3


Ideally, after a divorce, you should terminate the trust. Once terminated, you can consult with your own estate planner and have a new trust drafted. At the same time, you will want to revisit the rest of your estate plan, including powers of attorney, wills, ADHC, as well as updating any POD or joint accounts.

** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold Telephone: 818-279-2737 Email: service@egoldlaw.con

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You should revoke the trust and distribute the assets to the parties in accordance with the divorce decree. If you still want to hold your assets in a trust you should create a new trust.

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I agree with Attorney Walker, i.e., the assets should be distributed in accordance with the divorce decree. Your assets should then be addressed through your own estate plan. I have seen, on several occasions, where an estate went to the ex-spouse, which was not the individual's intent.

No legal representation exists by virtue of this answer. It is recommended that you contact an attorney directly for a more complete response.

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