I was divorced, with children, and now remarried. Could you please tell me if I can set up a Revocable Living Trust in FL on my OWN, (as an Individual and acting as Sole Trustee) and have my wife act as Successor Trustee? How much would it cost to do it? Can I do it myself with advice from your Law Firm? Thank you very much for your help.

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Both in FL and CA, if you act as the trustor and at the same time as the trustee, then the trust may fail under California's "merger doctrine." You essentially need to consult an attorney in your state before initiate any step.

Moreover, we have not started offering legal counsel regarding wills and trusts yet in the states you mentioned. So, would it be helpful if we suggest a counsel?

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Dear Sirs:

Thank you for your prompt reply. My question is more along the following line: Since Florida is NOT a Community Property State (like California), could I have an INDIVIDUAL Living Trust  with MYSELF as SOLE TRUSTEE while naming my wife as SUCCESSOR TRUSTEE? Could I do the SAME in California?

Could you give an estimate of how much would it cost if your Law Office prepares such a Living Trust  for me?

Thank you again so much.

Charlie Melendres

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You could of course prepare your own revocable living trust in FL. There are lots of forms available online to do that. Give the trust a name, name a trustee and a trustor and have the trust signed by a notary. But my best advice would be to get help an attorney while doing that as if you came across any error in future, it might cost you more. If you ask for advice from our attorneys, it might cost you some. Please let us know if there is anything we could help you with!


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