Thomas v. Gustafson

Opinion

NICHOLSON, Acting P. J.

Devereaux and Marie Lynch, husband and wife, created the Lynch Family Living Trust. When Devereaux died, leaving Marie as a surviving spouse, the trust, by its terms, became a survivor’s trust and a residual trust. The survivor’s trust was composed of Marie’s separate property and her share of community property. The residual trust was composed of Devereaux’s separate property and his share of the community property. Upon Marie’s death, what is left in the survivor’s trust (which, as will be explained, will most likely be nothing as it is currently entirely or…