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SoCaLNaTiVe

Junior Member
What is the name of your state (only U.S. law)? CA

I am going back and forth with our attorney that completed our family trust because the settlor has recently passed.

It states, "after death of predeceasing spouse." from and after the death of the first settlor to die (the "predeceasing spouse"), no person shall have the power to alter, amend or revoke the "Residuary Trust" and or the "Marital Trust" established hereunder. The surviving settlor however, shall have the power to alter, amend or revoke the "Survivor trust" established hereunder.

I have an amendment with specifics for distributing assets to the family. My question is, was there supposed to be value placed on the "residuary trust" and "Marital Trust" at the time of the first settlors passing? or if the "Residuary trust & marital trust" setup to make sure that the "Survivor trust" is granted access to all assets.

Thank you for the advice! Much appreciated.
 



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