• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Trust & prenuptial

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



What is the name of your state? California

Mom passed a few years ago, since then my father had a living trust drawn up leaving the house and belongings to his 4 children.(leaving my sister and I executors) He met this woman and decided to marry, My sister and I told him to get a prenuptial prior to the marriage, so my father and his fiance did so. Since the marriage, my father's new wife wants him to sell the house. If he does so, doesn't the sell of the house break the previous trust agreement and make it community property to where she'll get the house and belongings? What about the prenuptuial, does that have anything to do with his assets prior to the marriage? I am curious, please help.... and hopefully I have explained enough for you to answer:D

Dandy Don

Senior Member
If your father's trust was drawn up with the assistance of an attorney, then you need to be discussing this with that attorney--the trust may need to be revised to not include the house. But get your father's permission to discuss this matter with the attorney.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential