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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33752
Experience:  15 years real estate, Realtor. Landlord 26 years
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In 1998 my dad and mother set up a revocable living trust.

Customer Question

In 1998 my dad and mother set up a revocable living trust. My dad passed away before the trust was signed. Even though he had passed away the paper work was in the works and everyone we dealt with was sure the trust was in effect. My mother then became the trustee of the trust. In 2001 she had the trust revoked. Do I need an attorney to get the trust switched to her as an individual??
Jim Duvall POA for my mother Ettie Jane Duvall
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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If mother revoked the trust, then it essentially "dies" and ceases to exist. If mother wanted to have a new trust put in place, she would need to have a new trust created by redrafting the old trust with just her as the "grantor" (i.e. maker) of the trust and then naming a trustee and listing whatever terms she wanted in the trust along with whatever beneficiaries she wanted.
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So essentially a trust can't be "switched over" and once it is revoked, it expires permanently.
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With that said, if the old trust was simply copied over and father's name omitted, (assuming that nothing else needed to be changed), then a new trust could be created using the old one as a template. Once it was signed and notarized by mother, it would set up a new trust effective as of the date she signed and notarized it.
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Then she would just need to fund it by transferring assets into the trust.
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thanks
Barrister

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