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Living Trust (before Marriage)

On Lawyer & Legal » Wills & Trusts

1,281 words with 2 Comments; publish: Tue, 27 Nov 2007 13:05:00 GMT; (800109.38, « »)

The state is: California

Three years ago after a serious illness, I decided to get a Living Trust, Will, Power of Attorney, Medical Power of Attorney, Spill-Over for Trust, etc. and named my Mother and niece as benificiaries.

I will be getting married next year and was wondering ... will my "new" husband be entitled to anything I have in "my" trust, i.e. my home, bank accounts, 401K, investments, etc. if the marriage does not work out and we get divorced down the road?

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    • These are matters you need to be discussing with your own attorney or certified financial planner/estate planner IF you had the trust reviewed by an attorney originally. You may also want to consider a prenup or a postnup.
      #1; Tue, 27 Nov 2007 13:52:00 GMT
    • Not initially, and hopefully not ever if you do your planning properly. Choose an attorney who does lots of family (divorce) law work. Ask about a premarital agreement, and the many inadvertent ways of transmuting separate property into community property. You might also look for a California specific book for further info, although this is definitely not a DIY subject.

      For an intro, google "Barry Bonds premarital" to find out how his case, and the law that followed, made premarital agreements a big deal here.

      #2; Tue, 27 Nov 2007 22:38:00 GMT