In a revocable living trust created between husband and wife, are any of the children excluded as heirs when1 of the2 passes away?

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In a revocable living trust created between husband and wife, are any of the children excluded as heirs when1 of the2 passes away?

My parents created a revocable trust wherein 100% o the assets would be left to one or the other upon death. Last year my father passed away so I assume my mother has now become the successor trustee. Does this mean that my mother now has 100% control of the total assets left by my father and, that I and my sister are officially and legally left with nothing? Does this mean we are forced to convince my mother to add us equally as trustees in the trust in order to be guaranteed an equal share in our succession upon her death? What happens if my mother passes before?

Asked on November 1, 2011 under Estate Planning, Georgia

Answers:

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

Answered 9 years ago | Contributor

I am sorry for your loss.  You are making a lot of assumptions here and that is not necessarily a good thing.  First, you parents were probably co-trustees of the trust and now your mother alone remains.  Next, you are not aware of the terms of the trust at all so for all you know you and your sister are the contingent beneficiaries of the trust If it is revocable living trust as you say then you are correct" your Mother has total control (if that is what the trust says) as to what she wishes to do.  She can dissolve the trust and keep all the assets or continue to adhere to its terms. But you can still inherit from her estate as her heirs at law regardless or under a Last Will and Testament if there is a Will in place.  You need to broach this subject with your Mother.  Really.  Good luck.


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