She is the trustee. after her death I am the one that is to handle everything.
Thank you for your follow-up. Typically a trust that is 'revocable' can be revoked or modified unless the trust language expressly denies such options to the trustee. The trustee's duty is to maintain the trust based on the language and conditions, which also means that any changes to the trust and any modifications are likewise governed by this language. I suspect that if this trust did not 'close' upon your uncle's passing retains the ability to be modified but you would need to review the actual language to make sure. A trustee likewise can make changes to the trust itself if there are new conditions that were not taken into consideration when creating the document. In any case it would require your aunt and yourself or an attorney to review the language and to ensure that whatever changes being made do not violate the conditions, or instead it would require your aunt to completely terminate the trust and re-create and write a new trust based on the new conditions. That is typically unfavorable as it is more expensive and can create a tax event.
Hope that helps.
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