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My parents set up an Irrevocable trust prior to their deaths. The Trust is the Owner, I am the trustee. Prior to my father’s death, he married a woman 2 months before he passed. She is now stating that she has claim to the trust. Under what, if any, circumstances does she have a claim?
Asked on November 21, 2016 under Estate Planning, Alabama
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, she does not have any claim to an irrevocable trust. As the term "irrevocable" implies, when the trust is set up, the money or other assets in it were irrevocably removed from the ownership of the person creating the trust--and therefore were irrevocably removed from his estate. From your question, it appears that the trust was set up prior to your father's marriage to his new wife--she has no claim at all on a trust set up (and therefore assets removed from his ownership) before they even got married.