Can a non-contested Living Trust or Will be created for children after 35 years of marriage?
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Can a non-contested Living Trust or Will be created for children after 35 years of marriage?
Hello, my name is Melissa Smith and I have been married for 35 years. I am wondering if I am able to create a Will or Living Trust for my two daughters who are grown that can not be contested by their Father if something happens to me or if I divorce him? Is it better to distribute some assets to my daughters first?
Asked on March 14, 2018 under Estate Planning, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
I think that you should go and speak with a divorce lawyer as well as an estate planner. You hail from California. That is a community property state. Unless these are assets that are solely yours (and that can be a tough one in a community property state) putting them in Trust for another - i.e., not your husband - could be an issue. A BIG issue. Becuase if you passed they are all his and in a divorce they are half his. I think your idea of dsitributing while you are alive may work if he consents to the distribution. Get help. Good luck.
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