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Living trust - new marriage

Question Details:A living trust was made before my husband and I recently married. As the wife, do I override as the new executor? What are my rights?

Asked 2 years ago under Wills, Trusts, Probate | 541 Views | More Legal Topics

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MTD, Member, California Bar | FreeAdvice Contributing Attorney Answered 2 years ago

Nope you don't override.  Your husband will have to amend his agreements, because now you have marital assets, etc.

Try www.attorneypages.com and check his or her record at www.calbar.ca.gov under attorney search.

Robert Spitz | Law Offices of Robert J. Spitz Answered 2 years ago

You have not provided enough information to give you a complete answer.   Is your husband deceased?   Is the property the marital residence?   Do you have any prenuptial agreement?  Is there any mortgage on the property?   What is the relationship of the Trustee?

If your husband is living, you need to meet with an attorney to discuss your estate planning needs.    If he is deceased, you need to discuss with an attorney your rights to his estate.

Call my office if you would like further assistance in either case.

Robert J. Spitz

909 395 0909

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