Living Trusts and Prenuptial Agreements

[ProPerDoper]

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

My wife and I have a Prenuptial agreement between us before marriage. We'd like to accomplish a Living Trust to provide for transfer of my separate property assets to her and my children, avoiding probate in the event of my death.

We want to insure that a Marital Trust with this provision could not be used as evidence in the event of an unexpected dissolution proceeding to argue that the trust altered the intentions/provisions of the Prenup in any way. (Separate property changed due to trust)

We've considered an addendum to the Prenup stating that the establishment of the trust in no way affects/changes the Prenup, signed by each of us and the attorneys which represented us in creating the Prenup.

Does this seem sufficient? California Law is a very ugly place to be, and we want to insure all documents are tightly written and valid. Any other suggestions appreciated, as we're hoping to avoid having to establish a separate trust for separate property in addition to the marital trust.

 

[FlyingRon]

You want to be sure, you get a lawyer with trust and prenup experience.

 

[tecate]

California trusts for married Settlors usually have an accounting provision stating that the trustee will keep community property and the separate property of each spouse separate. However, in practice, this is not easy. It may turn out that the easiest way to do what you want is to establish a separate property trust for your separate property.