Cana trustee amend the terms of a Trust?

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Cana trustee amend the terms of a Trust?

My mother just lost her husband of 30 years. He left her as a co-beneficiary of a Trust worth just over 1million. The Trust states that she is to receive $4000 a monthnuntil her death, whereupon the remainder would go to his sons. One of his sons is also the trustee and is seeking to alter, I assume decrease, the amount received by my mother. He has asked her to tally her monthly expenses and provide other sources of income. Is he within his right to do so? What are my mother’s rights?

Asked on March 8, 2018 under Estate Planning, Massachusetts

Answers:

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

Answered 3 years ago | Contributor

I am so sorry for your loss.  If it was a revocable living trust during the settlor's lifetime (your step father is the settlor) it became irrevocable at the time of his death.  And the answer is no, the Trustee can not change toe terms of the Trust,  Seek legal help.  Good luck.


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