QUESTION

Husband and wife having seperate trusts.

Asked on Jun 19th, 2013 on Trusts and Estates - California
More details to this question:
Can one irrevocable trust (the wife) owe another irrevocable trust (the husband and surviving spouse, now deceased) if community property funded only one trust (hers)?
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1 ANSWER

It sounds like you are talking about an A/B trust set-up. The question of trust funding of the B,  Bypass trust, or sometimes called Credit Shelter trust can be a tough one. If there are no funding options I have seen B trusts be funded by a promissory note to the A trust. In my opinion it's not the best option but I have seen it done. 
Answered on Jun 30th, 2013 at 3:05 PM

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