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

Asked over 1 year ago - 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)

  1. Eric Jerome Gold

    Pro

    Contributor Level 19

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    Answered . 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... more
  2. Clayton Harold Walker Jr.

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    Contributor Level 13

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    Answered . 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.

  3. Daniel Mcgraw Little

    Contributor Level 11

    Answered . 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... more

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