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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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Husband and Wife create a living trust for themselves. They

Customer Question

Husband and Wife create a living trust for themselves. They are co-trustees. They are Beneficiaries along with beneficiaries of the trust are the three adult children with each child receiving 1/3 share each of the Trust. One child daughter is the Mother's, the other two boys are the Father's.
Father then dies.
A few years later Mother is put in care home and Possibly coeherust into amending the Trust to leave specific real estate in the Original Trust only to her Daughter, leaving Father's Sons' out and switches her daughter to be the 1st successor trustee, instead of Son.
This Originally was a Shared Trust of the Husband & Wife.
A couple of years later Wife dies.
Then within 60 days of Mother's death, Daughter dies. Daughter was married at the time of her death having no children.
Questions:
Can the Wife, original co-trustee, legally change the Trust and give specific real estate property to the daughter?
Also, wouldn't the Son, who was the original successor trustee name in the Original Trust of Husband & Wife, be the Successor trustee, not the Daughter?
Thank you,
Paul
Submitted: 2 months ago.
Category: Estate Law
Expert:  Infolawyer replied 2 months ago.
Greetings! I am a legal expert on the site and am working on your question.If the trust is revocable by its terms, it can be changed as proposed. The title will normally identify if it is irrevocable.Please let me know if that is acceptable and feel free to reply back and follow up
Customer: replied 2 months ago.
No. That's not what's the question is.
Basically, Can the wife change terms of the Original Trust, once the Husband dies and his community share of the trust is left for her and Bneficaries three kids?
Customer: replied 2 months ago.
No, you didn't answer the question.
I don't need to speak with you.
So I will end this session.
No extra charges will be incurred.
Thank you & good-bye.
Expert:  Infolawyer replied 2 months ago.
Per the trust she is receiving assets directly and it is paid to her out of the trust and she may do with the assets as she wishes. If the trust retains the assets instead she has to keep in the trust. Is that clearer?
Expert:  Infolawyer replied 2 months ago.
You can follow up until clear. No added charges.
Customer: replied 2 months ago.
if the real estate was recorded in the Trust Name & she remained in the family home for a few years and then moved to a rest home, then passes away.
The family house still remained in the name of the Trust and would be divided to the three remaining Beneficiaries?
Or could the wife after the husband dies change the recorded Title of the family home out of the Husband & Wife Trust?
Expert:  Infolawyer replied 2 months ago.
From facts mentioned would pass to the beneficiary unless trust expressly provides otherwise.Please let me know if that is acceptable and feel free to reply back and follow up