Does a Marriage Override a Trust in California?

Estate planning can be complex, and one question that often arises is whether a marriage overrides an existing trust in California. Understanding how marriage impacts a trust is crucial for both individuals entering a new marriage and those who have already established estate plans. Below, we’ll explore how California law treats trusts when marriage occurs and what steps you should take to ensure your estate plan aligns with your current marital status.

How Marriage Affects a Trust in California

1. Community Property vs. Separate Property

California is a community property state, meaning that assets acquired during marriage are generally considered jointly owned by both spouses. However, assets placed in a trust before marriage are typically regarded as separate property, unless commingled or otherwise modified after marriage.

• If the trust was established before marriage and contains only separate property, the marriage does not automatically override the trust.

• If assets acquired during marriage are placed into a trust, the surviving spouse may have a community property interest, depending on how the trust is structured.

  
  

2. Effect of Marriage on Revocable vs. Irrevocable Trusts

• Revocable Trust: A revocable living trust can be modified at any time by the trustor (creator of the trust). If you get married after establishing a revocable trust, you may want to update the trust to include your spouse if desired.

• Irrevocable Trust: Once an irrevocable trust is established, its terms typically cannot be changed. A new marriage does not automatically alter or revoke its provisions.

  
  

3. Spousal Rights and Omitted Spouses

Under California Probate Code Section 21610, if a person creates a trust before marriage and later marries without updating the trust, the new spouse may be considered an omitted spouse and could have legal rights to a portion of the estate unless:

• The trust expressly excludes future spouses.

• The spouse was provided for in another way (e.g., through a will or other estate planning mechanisms).

• The spouse signed a prenuptial or postnuptial agreement waiving rights to trust assets.

4. What Happens if a Spouse is Not Named in the Trust?

If a trustor fails to update their trust to include a new spouse, the spouse may still have legal claims, including:

• The right to claim a spousal share under California intestacy laws.

• A family allowance or right to a portion of community property held outside the trust.

• The ability to contest the trust in probate court if they believe they were wrongfully excluded.

Steps to Protect Your Estate Plan After Marriage

If you have an existing trust or are newly married, consider these steps:

1. Review and Update Your Trust

• Ensure your trust reflects your current wishes and includes (or excludes) your spouse as intended.

• Update successor trustee designations if necessary.

2. Consider a Postnuptial Agreement

• A postnuptial agreement can clarify which assets remain separate property and which may be subject to community property laws.

3. Communicate with Your Spouse

• Discuss estate planning goals together to avoid misunderstandings and potential disputes in the future.

4. Consult an Estate Planning Attorney

• A California estate planning attorney can help ensure your trust is legally sound and aligns with your marital status and asset distribution wishes.

Final Thoughts

A marriage does not automatically override a trust in California, but it can create legal complications if the trust is not updated to reflect the new marital relationship. Reviewing your estate plan after marriage is essential to avoid unintended disputes and ensure your assets are distributed according to your wishes. If you have concerns about how your trust may be affected by marriage, consulting an estate planning attorney can provide clarity and peace of mind.

Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions, call (626) 460-1763 or email LV@MoravecsLaw.com.

Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.