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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 116754
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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My parents set up a AB revocable trust in n 1996. One parent

Customer Question

My parents set up a AB revocable trust in n 1996. One parent died in 1998. Now, 2016 the surviving parent does not want to proceed with the decedents trust. No action was ever taken in trust management after the one parent died in 1998. How are the beneficiaries supposed to protect their interests. The parents law firm has given us a thirty day period to object but tell us the surviving parent can just ignore our objection. State of Arizona.
Submitted: 11 months ago.
Category: Estate Law
Expert:  Damien Bosco replied 11 months ago.

Hello. My name is***** am an attorney. I am here to help you with your question. I will review it. And then we can discuss it. Okay?

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately in an AB trust, when the A party dies, the B party can do as they choose with the trust. You really have no actual legal interest in the trust until party B dies. So, in order to object and protect any possible interest after party B's death you would pretty much have to prove party B is mentally incompetent and unable to make a sound decision regarding this matter. If you cannot prove she is mentally incompetent I am afraid she does control the trust now as party B.

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