If a divorced party has a living trust with an accompanying pour over will with a deceased divorcee, is the living trust still valid?

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If a divorced party has a living trust with an accompanying pour over will with a deceased divorcee, is the living trust still valid?

The deceased party has 3 children. The deceased party died only 3 months after the final divorce judgment and never recorded the quitclaim deed which conveyed real property from the trust to him, personally. The old deed is held by the county recorder and has the trust as the owner. Can the new deed be recorded? Should it be, legally speaking? and is the old deed valid given that the divorce judgment stipulated the real property was to be signed over to the deceased party?

Asked on April 9, 2012 under Estate Planning, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. If a dissolution occurs where there is in place a living trust with a pour over Will between the divorced couple, the trust and Will apply with respect to the passing of the one spouse three (3) months post the divorce.

However, if there is in place a quitclaim deed signed by the deceased spouse, it can be recorded after his or her death under the law since it was signed before death. Legally the quit claim deed should be recorded if that was the intent of the divorcing couple.

The dissolution decree would be valid upon the estate of the deceased spouse since it occurred before his or her passing.

I suggest that you consult further with a Wills and trust attorney about your matter if you have further questions.


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