If the surviving grantor remarries, how does that affect the trust?

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If the surviving grantor remarries, how does that affect the trust?

If surviving grantor doesn’t put all assets in trust as stipulated by trust and remarries, can beneficiaries of the trust force grantor to comply? They haven’t been communicating with me as cotrustee either. They wont provide tax, rental or expense documents, nor open acct in the name of the trust to manage property income and expenses. This was a second marriage with step-children on both sides.

Asked on August 10, 2012 under Estate Planning, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Honestly, this question sounds very complicated to give guidance in this type of forum.  Assets not placed in a trsut by the grantor can sometimes be placed after death through a pour over Will or under state law.  But if the asset does not exist at the time of death then it is not part of the estate and I think that you are worried about that issue.  Take the documents that you have to an attorney in your area.  Good luck.


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