A: Fortunately, this CAN be done, and it can even be done privately and without having to go to court. The important thing is that the surviving spouse and ALL of the beneficiaries of the B Trust must sign and notarize an “Agreement of the Beneficiaries” in order to revoke the B Trust. Remember, sometimes all of the beneficiaries will agree to this, but other times they will NOT. Therefore, to avoid this risk, the most prudent idea is to have both spouses amend their A/B Trust while they are both still alive and have the capacity to do so.
Q: Is there any way for me to amend my A/B after my spouse has died?
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