Does an amendment to an irrevocable family trust negate stipulations in the original if not specifically stated again?
1 attorney answer
This is a complicated issue of trust interpretation based on the California Probate Code. Generally, if the amendment does not revoke the prior provision in the original trust you may have an argument that the original trust language is still effective. If there was a restatement of the trust then you may not have a good claim as the restated trust generally replaces the entire original trust. Finally, if the separate property trust was a brand new trust, and all the properties were properly transferred to it, and the property trust does not permit you to live in the home rent free, you may be out of luck. It's hard to tell based on the facts you provided. You likely need to contact an attorney to help you understand the trust terms and your options. Best of luck to you.