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Husband creates a Family Trust unknown by wfe California

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  • Husband creates a Family Trust unknown by wfe California

    We Married in 2008, Separated in Nov. 2016. He bought the house before we married in 2006, I find out he sold the house we stilled lived in, in May 2016, I didn't know how that was possible, to live in a house you've sold. I googled to see what the property was worth in order to file for a legal separation, that is when according to public knowledge the house was sold in May 2016.

    In March of 2017, my husband said he put the house in a "Family Trust", I had no ideal what he was talking about. I myself always told my husband I never wanted his house if he were to die, his will stated the house would go to his youngest son, that is fine by me, I never wanted the responsiblities of a 3 bedroom home.

    Even though after we married of course I help with the up-keep of the house too, he has 2 grown sons, 27 & 37 yrs of age, the youngest lived at home, but We never divorced.

    I find out my husband died January 2018. My question is, if I was unaware of him creating this Family Trust. . .nor ever seen or read this Family Trust. . .I'm I entitled to anything out of this Family Trust, once the Trustee deceides to take action and claim whatever it is was left to the Trustee or Beneficary?

  • #2
    Take all documents to a local attorney who will have to read them. There is no one-size-fits-all answer here. The answer is in the exact wording of the documents.

    My parents had a living trust and I was the trustee. We found out the hard way that the house he bought after my mother died was put in the name of a non-existent trust by accident. So I had a legal trust with clear instructions, but no assets, and the asset in the name of a non-existent trust. It cost $5K for my lawyer to straighten the mess out including several court hearings. Many so called Living Trusts are canned forms which are poorly written for circumstances. My father got his free when he bought some life insurance. And to my knowledge the average life insurance sales person is not expert on this stuff either. Just some guy who spent $50 on a write-your-own-living-will program.

    To my knowledge, there are no CA lawyers specializing in trust/probate law on this website, and even if there were, they would still need to read all documents. There are no easy answers to your question. NOLO press likely have a book on the subject.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      Thank you for your speedy reply. The thing is, I've never seen the document of this Family Trust that he instituted. We were texting one another a few months before he died, but never got to the next step of seeing one another face to face so we could talk about it.

      Plus, you're right it would take thousands of dollar to "pull loose the threads" of getting to the real truth.

      I really appreciate your answer, it help me put a realistic prospective on this.



      • #4
        You might want to talk to Legal Aid or some type of free legal service. I am not saying that they can fix things, but they will give you a better idea then I can about your actions. I am not a trust/probate expert, just someone who got caught in gears once before.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)


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