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LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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My mother lives in California she is 87. She remarried 15 yrs

Customer Question

My mother lives in California she is 87. She remarried 15 yrs ago. She had a trust written before she remarried that left her house too her kids. Has never up dated her trust. How dose her marriage effect her trust. Weve tried talking too her about updating her trust but shes gotten very forgetful and has been a hard subject for her too talk about
Submitted: 6 months ago.
Category: Family Law
Expert:  LegalGems replied 6 months ago.
CA is a community property state, so that the surviving spouse is entitled to 1/2 of the community property. Community property is defines as property that is acquired during marriage, unless acquired by inheritance/gift. As such, each spouse can bequest their separate property and their half of community property as they see fit.This can be done via will/trust etc So since any premarital property is that person's separate property, the owner of that property can bequest/gift it as desired. The preexisting trust would remain valid unless it is revoked/modified.One can tell if the property is still in trust by going to the recorder's office, in the county where the property is located; if the property is in trust, the deed itself will state that. Thank you for using Just Answer.I hope the information I provided is useful. If you need further clarification please post here and I will reply as soon as I see it; otherwise, Kindly-Rate Positively-This does Not result in additional charges to the customer and allows the site to credit me for assisting you today.Thank you and take care!