Question on Family Trust - CA
We (H & W) created a Family Trust in 2014, funded said trust with our Real Properties and Investment account at ML. The only assets that are not held in the Family Trust is our small checking that we disburse bills out of and retirement accounts. (Oh, and our cars) Retirement accounts have listed beneficiaries. Also have a will that includes who gets jewelry/cars which are of little$ value, more sentimental. EVERYTHING else is in Family Trust…property values combined approx 3.5M, investment acct 10M. IRA’s 1.5M - no life ins.
Our trust is revocable as long as we both alive, it reverts to IRREVOCABLE if one of us passes. We didn’t want the surviving spouse to change beneficiaries if they were to remarry. It also states that our daughter (executor of our estate) must approve any disbursement over 100k, once it becomes irrevocable. Also didn’t want surviving spouse going on a spending spree if they met a significant other. lol! Hubby has no biological children, however considers my children his children (married 30+ years) OUR children are the sole beneficiaries of said trust. Wondering if our Family Trust will avoid estate taxes once the surviving spouse passes as it will be irrevocable at that time??? I know the attorney that prepared the documents probably told us, but it has been awhile and can’t remember.
Having said this…Investment Acct probably won’t be as high when it is disbursed as we draw/live off of $30k a month, some years more due to travel. Plus the over 150k+/-) we pay in taxes. (Invested very conservatively as we are older) We both worked hard, not college educated, successful from a good work ethic and opportunities. We are blessed with a nice retirement. We aren’t flagrant, (drive older cars) but also not pennie pinchers. Help family when needed and donate to charity, plus two homes to upkeep - I try to get that monthly cost down but it never seems to work. Trust me, it boggles my mind as well.
Any rate, trying to go over things with the kids now that we truly are getting older…and want them to know what they will need to do, pay attention to once something happens to both of us. Thanks for your insight.
Posted May 2, 2026, 4:23 AM UTC