What are a wife’s rights if community property and other assets are placed in a revocable trust that is only in her husband’s name?

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What are a wife’s rights if community property and other assets are placed in a revocable trust that is only in her husband’s name?

After we got married my husband decided that he wanted to put every thing we owned (land, home, insurance benefits, savings, etc.) in a revocable trus – but in his name only. In this trust he divided everything the way he wants it; I had/have no say in it. Is this legally binding? If he dies before me, do things have to be divided the way he stated in the trust?

Asked on March 5, 2011 under Estate Planning, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You have many rights but you need to go and see an attorney as soon as you can as to what to do to establish them in this instance.  The transfer of the property in to the trust does not, in an of itself, change the character of the property from a community property asset in to a trust asset.  For example, if there is a home in both of your names your husband alone can not transfer the deed to the house to be a trust asset - as generally required - without your signature.  But laws regarding asset transfer and trusts can be very particular and all the information as to the assets  themselves needs to be known here.  Get help.  Good luck.


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