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Welcome and thank you for your question.
The Trust laws that would govern the Living trust would be the State that the Settlor (your husband's father) resides in.
You stated "his sister got the property and my husband got the money. The sister has died would that make my husband the sole trustee?" Was the property and the money already distributed to the sister and your husband or is this something that would happen when your father in law passes?
If the father is still alive and no trust assets have been distributed (given to the sister or your husband) your father in law is free to change the terms of his living trust.
Are you asking if the new trust is valid?
Thank you so much for the clarification. The only way the new trust would not be valid is if the first trust was irrevocable. If it was irrevocable the Trustee would need to strictly follow the requirements as set out in the trust.
If this is a revocable trust the Settlor (father-in law) can absolutely change the trust and it would be legally valid if the trust meets the Alabama State law requirements for a valid living trust.
Do you know if the first trust was revocable?
"Since living trusts are created during one’s lifetime, they can be either revocable or irrevocable. A "revocable trust" or "revocable living trust" is one that can be amended or changed, or even terminated, during the grantor’s lifetime. In almost all cases, it is the grantor who reserves this right when the trust is created. Even so, the trust becomes irrevocable upon the grantor’s death because only the grantor retains the right to amend or terminate the trust.
An "irrevocable trust" or "irrevocable living trust" is one that cannot be amended or changed, or even terminated, during the grantor’s lifetime. Once created, an irrevocable trust is governed exclusively by the terms of the trust instrument without any control by the grantor." https://www.livingtrustnetwork.com/estate-planning-center/revocable-living-trust/faqs-about-revocable-living-trusts.html
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