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?
- Q: I was adopted when I was 2 years old and I just found out my biological father died without a will. Am I entitled to any portion of his estate now?
- Q: I have been living with my girlfriend for 24 years, but we’ve never gotten officially married. Will my assets automatically pass to her upon my death?
- Q: How is having a living trust like using GPS on your phone to drive somewhere you’ve never been to?
- Q: Should I create a special needs trust for my child who is receiving government benefits?
- Q: Do I still need an Estate Planning Attorney if I only have one child and everyone knows everything gets left to them?