By Matthew A. Quick A question that comes up frequently: If one spouse sets up a trust in his or her name only, and funds it with marital property does the other spouse have any right to the property in the trust upon death?
Upon death, the other spouse does not have an interest in the trust and there is nothing under the Estate and Protected Individuals Code (the law that controls this area) that gives him or her any rights under the trust. Not even elective rights may be made against the trust.