If my wife recently passed away, must I re-do our living family trust?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption