One of the most common questions married couples ask when creating an estate plan is: What happens to our living trust when the first spouse dies? The answer depends on how the trust was designed. In this video, estate planning attorney Justin M. Kennedy explains two common trust structures for married couples: the A Trust (single trust) structure and the AB Trust structure. While both options begin as a joint living trust during the spouses' lifetimes, they function very differently after the … [Read more...] about What Happens to a Living Trust When the First Spouse Dies? A Trusts and AB Trusts Explained (VIDEO)
How Do I Trust Thee…Part I
Blog Author: Tereina Stidd, J.D., LL.M. (Tax), Associate Director of Education, American Academy of Estate Planning Attorneys, Inc. Many Estate Plans use a revocable trust as the foundational document in the plan to avoid probate. Probate can be an expensive, time-consuming, and public process. Some plans include irrevocable trusts to achieve tax-driven results or for other reasons. No matter which kind of trust we consider, of the many decisions that clients make when creating an Estate … [Read more...] about How Do I Trust Thee…Part I
When You Love Your New Spouse, But You Love Your Kids More
Whether You Should Disinherit Your New Spouse and How California Law Protects Your Omitted Surviving Spouse by Magdalena A. LaBranch-Gonzales Litherland, Kennedy & Associates, APC, Attorneys at Law What happens if you marry your spouse after you created your estate plan but they are not mentioned in your plan when you die? California considers that person an “omitted spouse.”[i] An “omitted spouse” is a spouse who married the decedent after the estate plan was already created but … [Read more...] about When You Love Your New Spouse, But You Love Your Kids More
