Roseville, CA asked in Estate Planning, Family Law and Tax Law for California

Q: 2002 Trust was created. If surviving spouse disclaims "any" interest in deceased spouse property, .............. can not be amended or revoked. When trust was created surviving spouse disclaimed/transmuted interest in deceased spouses inheritance 852 Family Code.

California Probate Code 278 – The disclaimer shall be in writing, shall be signed by the … The disclaimer shall be in writing, shall be signed by the disclaimant, and shall: (a) Identify the creator of the interest. (b) Describe the interest to be disclaimed. (It fulfills requirements)

Can it be amended or revoked?

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

A: I'm sorry to say that a lawyer cannot answer this question without reading both the trust and the disclaimer. It's a bit like giving two lines of a book and asking a question about the whole book. Sorry about that!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.