Second Marriage and a Living Trust

[budd1234]

My question involves estate proceedings in the state of:

my father (currently divorced and unmarried) created a living trust and made me the successor with nobody else listed. I am an only child and we live in california. if my father were to remarry but keep the trust and will as is to ensure everything would go to me upon death, would this be the case? i have heard different opnions on this such as..yes because that is clearly how it is stated in the trust regardless if he remarried and the new wife was not included in the trust. i have heard that because california is a community property state, anything that they accumulated AFTER the marriage could go to her. the trust included all bank assetts, life insurance, land,etc. We want to ensure that the trust isnt at all void if remarriage were to occur. what is the truth with this situation. thank you in advance.

[Mr. Knowitall]

We have no information about what is in the trust. A living trust is not a perfect shield against his wife's claim for her share of the marital estate. If he wants to try to make sure that she cannot inherit assets that he wants to go to you, prior to remarriage he can discuss his estate plan and marriage plans with an estate planning lawyer to make sure (to the maximum extent possible) that it happens.