回复：Okay, I see your point

I do not define estate. The law does. The definitions are in probate code, particularly 353.

These cases I cited were on point or at least I believe they were. Perry was a model case in the interplay of trust and child support. The settlor also died in that case. The child support was adjusted upwardly against the trust.

I do not know if there is statutory period as you suggested.

If you read fam code 4058, it specifically allows a court to consider trust income. It does not, however, distinguish between revocable trust and irrevocable trust.

The judges in my county at least, regularly make order in conflict with federal laws in order to achieve equitable and reasonable results. For example, the IRS code says custodial parents have the dependency claim of minor children in filing tax returns. Judges here regularly split that claim between CP and NCP according to the ratio of time share. One article (forgot the source) says there is no preemption issue, which I disagree and do believe there is a preemption issue. Then again, California is always leading the law development in the country and other states will follow.

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• Then your definition only applies to probate -CyberCat- ♂ (1207 bytes) () 09/26/2012 postreply 07:28:19