revocable trust

[cmgith]

What is the name of your state?What is the name of your state? California
Twenty years ago my husband had a revocable trust drawn up shortly after we were married, which I signed. It includes all assets and property he owned at the time of our marriage. My husband is the sole trustee. As far as I know I am still the sole beneficiary, have POA, and DPA for health care. Sadly we are now preparing to file for divorce and I am wondering if I could possibly be entitled to any portion of this trust (today's value about 1 mil, up from 300K). I've read through the document several times and find no mention of this issue.

 

[divgradcurl]

What is the name of your state?What is the name of your state? California
Twenty years ago my husband had a revocable trust drawn up shortly after we were married, which I signed. It includes all assets and property he owned at the time of our marriage. My husband is the sole trustee. As far as I know I am still the sole beneficiary, have POA, and DPA for health care. Sadly we are now preparing to file for divorce and I am wondering if I could possibly be entitled to any portion of this trust (today's value about 1 mil, up from 300K). I've read through the document several times and find no mention of this issue.

I assume that if you are going to go through a divorce, you'll get a lawyer, and a lawyer will be able to review all of the documents and advise you accordingly.

However, the general rule is that if the property in the trust is the husband's separate property -- that is, property he acquired prior to the marriage -- then it will remain his separate property, and you will not be entitled to any of it, or any gains on it. Now, if any of the property in the trust was acquired after the marriage, it might be community property, and you would have an interest in that property. Further, if the gain in the value of the property was due to labor or skill put into the property during marriage, then the increase in value may be community property as well.

But if, as I suspect, you are talking about actual property acquired prior to the marriage that just sat there and appreciated, you wouldn't be entitled to any of the property or the gains on the property, unless you had a mortgage or something on the property that was paid using community funds.

 

[cmgith]

yes, actual property. i appreciate the information and your time. thank you.

 

[Shay-Pari'e]

(QUOTE)Twenty years ago my husband had a revocable trust drawn up shortly after we were married, which I signed.(QUOTE)

You signed it.

Also, I don't know if you are trolling her, but your posting history is something everyone should look at.

https://forum.freeadvice.com/search.php?do=finduser&userid=209087