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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 42877
Experience:  Texas lawyer for 30 years in Estate law
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California. A and were married and purchased a living trust

Customer Question

California. A and B were married and purchased a living trust in 2002 through a trust mill which has since been sued by the state of CA and no longer operates. 2 pieces of property totaling 40 acres are recorded into trust, small savings, small mutual fund. It was written with 50/50 Provision Trust A and B. A died in 09 and his 50% Trust A became irrevocable and B filed and did nothing, thinking all went to her. 2 children, C, and D-who is mentally handicapped and unable to live alone. A special needs trust was set for her within A/B trust with a 50/50 split with C. Verbal agreement between B and D to farm. D invested all monies to plant 25 acres. B now wants all properties and monies going to D upon her death, with C living under his care. Question... Original trust has now been lost in fire. If a new trust is written, giving all to D, would there be any problems with property transferring. C would never bring lawsuit, mentally incapable, B is fearful she would lose her benefits and programs if anything inherited and knows she will be cared for.
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. Ray here to help you tonight.

It is possible to do a new trust and then the trustee from first transfers property to the new trust.If the original trustee here has deceased and a successor is named then the successor signs the deed.You would want a California trust lawyer to do all of this including the deeds transferring from old trust to new trust.This is possible here to accomplish this in California with a new trust and deeds transferring the assets here.

I appreciate the chance to help you tonight.

Expert:  RayAnswers replied 1 year ago.

A Special Needs Trust here can also be used to help B if she is receiving government benefits.Again this is all correctable but the lawyer will need to draft it here and it may be two trusts here one for the main assets and an SNT for the B person if they have special needs because of medicaid and SSI.

Expert:  RayAnswers replied 1 year ago.

Thanks again if you can positive rate when we are done it is always sincerely ***** *****