Asked in Estate Planning, Real Estate Law and Probate for California

Q: When a Trust gets restated is the initial Trust still have power as a separate Trust?

My Grandparents made their Living Trust in 1993. In 1995 my Grandmother passes away , in 1998 my Grandfather makes some changes to Trust as a survivor and his Trust is known as Trust B while my Grandma’s is known as decedent Trust “A”. My Grandfather passed away in 2007. Trust A instructs that distribution be made to children of my Mom who are not residence of USA. Trust B However adds “ at the time of death. I am currently living in Germany does that mean I will only be entitled to portion of the Trust that is in Trust B?

2 Lawyer Answers
Jonathan Purcell
Jonathan Purcell
Answered
  • Estate Planning Lawyer
  • PETALUMA, CA
  • Licensed in California

A: I suggest you hire an attorney to perform a detailed reading of the trust, write a description of the trust provisions, and explain the interaction between the trust components.

The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. For specific advice about your particular situation, please consult with your own attorney. This posting is not intended to constitute an advertisement or a solicitation.

Nina Whitehurst agrees with this answer

Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: A lawyer would need to read the entire trust in order to give you the best answer. The will should have been a Pourover Will that only says, in essence, if grandmother left an asset outside of the trust (legally called "residue"), then the Will directs the executor to place the residue into the trust at your grandmother's death. So, your question is a bit confusing. That having been said, here is some general information that may help you. Once people die, their wishes as to who will receive their assets cannot be changed. So, if your grandmother did not leave any assets to you then there is nothing your grandfather or you can do to change that (assuming there is no fraud, undue influence or elder abuse.) However, since your grandfather is alive, he can continue to change his part of the trust any time he wants. Assuming he does not change his portion of the trust and you remain a beneficiary of your grandfather's assets, then you would inherit whatever your grandfather chooses to give you. I hope that helps.

Nina Whitehurst agrees with this answer

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