If my wife recently passed away, must I re-do our living family trust?
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If my wife recently passed away, must I re-do our living family trust?
My wife passed away recently. Should I re-do another trust with my name only as the trustor and my sons the trustees (everything remains the same)? Our Will specifically states that the surviving spouse has all legal rights for all properties and decision making. Also, do I need to re-record the trust deed to our house with my name only and submit an affidavit of deceased spouse as JT and a preliminary name change report?
Asked on October 28, 2010 under Estate Planning, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am so sorry for your loss. If the living trust was written properly, allowing each of you to control the trust should you survive the other, and the way that you want then no, you do not have to rewrite it. If, however, you wish to amend the trust to add additional trustees when you pass then you should seek help from an attorney to do so. It is always a good idea when a life altering event takes place, such as a birth or a death, to re-evaluate your estate plan that is in place to make sure that it is up to date and as you wish it to be. Good luck.
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