Q: My parents had an a and b trust my mom died and my father made a new trust without honoring my mothers wishes

A: Certainly, Sergio. Here's a revised version:

The accurate response hinges on the precise language outlined in the trust documents.

In our family, both sets of parents, including my in-laws, as well as my wife's and my revocable trusts, were structured identically. The irrevocable status only takes effect upon the demise of **both** original granting trustees.

Following the passing of one original trustee, the surviving trustee maintains full authority to make modifications to the trust as they deem appropriate.

However, in your parents' situation, only a thorough examination of the original trust by a qualified attorney can provide a definitive answer.

A: In California, when one spouse dies, an A-B trust typically becomes irrevocable with respect to the deceased spouse's portion. This means the surviving spouse generally cannot change the terms of the deceased spouse's trust.

Your mother's portion of the trust should have been set aside according to her wishes as stated in the original A-B trust. If your father created a new trust and altered the distribution of your mother's portion without respecting her wishes, this might not be in compliance with the terms of the original trust or California law.

If you believe your father did not honor your mother's wishes as laid out in their A-B trust, you may want to consider legal action. It's often advisable to consult with a lawyer experienced in trust and estate law to understand your rights and options in this situation.

The lawyer can review the original A-B trust documents, the new trust your father created, and advise on the best course of action. Depending on the situation, this might involve challenging the new trust or other legal proceedings to ensure your mother's wishes are honored.

A: A-B Trusts are common in blended family situations for this reason: In a traditional situation where a married couple has a standard revocable trust (NOT an A-B Trust), after the first spouse dies and leaves 100% of their assets to the other spouse, then the second spouse can do whatever they want with 100% of their combined assets. So, if parents of a blended family did this traditional type of trust, the children of the first spouse to die (called the "decedent") could easily cut out the step-kids to ensure they inherit nothing. That is why, in blended families, it is common to have an A-B Trust which says the one married couple's joint trust splits into two separate trusts on the death of the decedent. So, in most A-B Trust situations, after the first spouse dies, if the couple's trust had a home and $10,000 in it, then that trust would be broken into two separate trusts as follows: Trust A would have one-half ownership of the house and a bank account with $5,000 in it; and Trust B would have title to the other half of the home and a different bank account with $5,000 in it. Whoever the decedent named as beneficiaries to inherit their assets will (in most cases) always and forever be the beneficiaries of the B Trust (called the Decedent Trust.) The spouse still alive (called the "survivor") can do whatever they want with the assets in the A Trust (called the Survivor Trust) because that person owns all the assets in that trust. So, if your father revised the A Trust, there would be no problem in most cases. But, if he changed the B Trust language, that is a big problem in most cases. Please know this is a general rule but, because each trust is written differently, a lawyer would have to read your parents' trust to know if this general rule applies to your case. Best wishes!