Estate Law Questions? Ask an Estate Lawyer.
Good Afternoon. I am a licensed estate lawyer and I hope that I can answer your question. When a properly executed trust agreement states that upon the first spouse to die, the surviving spouse retains the power to amend or revoke trust, then that means the surviving spouse has full authority to administer or terminate the trust as they wish. Any assets held in the trust may be allocated as the surviving spouse sees fit. Also the surviving spouse may terminate the trust and distribute the assets to the named beneficiaries in the trust.
The trust agreement should state the specific ways to amend or revoke the trust. Usually you need to execute an Amendment or a Revocation in the presence of witnesses and a notary.
I highly recommend seeking a California attorney to prepare either an Amendment or a Revocation on your behalf.
Please let me know if you have an additional questions or need clarification. I greatly appreciate a positive ranking and wish you all the best moving forward.