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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 38277
Experience:  Texas lawyer for 30 years in Estate law
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We had an A- trust set up 16 yrs ago. There are alot of

Customer Question

We had an A-B trust set up 16 yrs ago. There are alot of scratch marks where my husband was to make changes. We tried to contact the lawyer and he was disbarred. He has passed, and an estate planner told me to start over, as there were whole paragraphs scratched out that you could not read. I made a new revocable trust to protect my son, as he is not able to take care of him self due to autism and tourettes syndrome. Now what do I do? The new trust is made, and everything is in it to be left for his care.
Submitted: 4 months ago.
Category: Estate Law
Expert:  RayAnswers replied 4 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  RayAnswers replied 4 months ago.

A trust created by a married couple with the objective of minimizing estate taxes. An A-B trust is is a trust that divides into two upon the death of the first spouse. It is formed with each spouse placing assets in the trust and naming as the final beneficiary any suitable person except the other spouse.If your husband has passed here it would not be possible to change the existing trust.It divided into two at the time of his death.

The trust since both set it up is binding here.You would need a new lawyer to seek to have a court approve any changes you want to make here since the other spouse trustor is deceased.The court has to approve any changes at this point.

Expert:  RayAnswers replied 4 months ago.

Reference to the Arizona Trust Code terminating or modifying such a trust.

Expert:  RayAnswers replied 4 months ago.

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Expert:  RayAnswers replied 4 months ago.

Arizona has not

adopted UTC §411(a). Arizona requires court

approval for the modification or termination of noncharitable

irrevocable trusts by consent. A.R.S.§14-10411.

So here you will need a lawyer to file for court approval of changes to the original trust.The court has to enter an order allowing the modifications here.

I appreciate the chance to help you today.Thanks again.

Expert:  RayAnswers replied 4 months ago.

If you can positive rate 5 stars when we are done it is always much appreciated.