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  1. #1
    Lady123 is offline Junior Member
    Join Date
    Nov 2007

    Living Trust (before Marriage)

    What is the name of your state? 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??

  2. #2
    Dandy Don is offline Senior Member
    Join Date
    Apr 2002
    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.

  3. #3
    tecate is offline Member
    Join Date
    May 2007
    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.

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