What to do if my father has left lifetime rights to our stepmother in a Trust?

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What to do if my father has left lifetime rights to our stepmother in a Trust?

My sisters and I don’t like this because we don’t get along with her. If I could write out a document and have my daddy sign it revoking this right, would it stand against a Trust?

Asked on March 7, 2013 under Estate Planning, North Carolina

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

Your father can revoke his trust.  He can also change it.  I suggest he visit a lawyer to do this since there are many mistakes that can be made.  I do not recommend hand writing something saying your stepmother will not receive anything.  I can almost guarantee you will not do this with sufficient  formality to make it effective, and your state's law probably would not allow it anyway.  In most states, a husband cannot completely disinherit his wife.

Your daddy has many options to make sure your stepmother and his children are taken care of.  A trust and estate lawyer can take care of this.


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