Legal Question in Wills and Trusts in California

Can a living trust be changed after the person dies


Asked on 3/16/11, 12:41 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

I assume you are referring to a trust that is distributing upon the death of the person making the trust--which of course means if can not be changed after the person dies because the trustor is not alive to change his own trust, the assets have already been given out, the the trust has been dissolved by giving out the assets.

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Answered on 3/16/11, 2:35 pm
Eliz. C. A. Johnson Eliz. C. A. Johnson

Your question is hard to interpret. If you are talking about a Trust with two Trustors, like a Husband and Wife, then after the first to die, that person's share is irrevocable, meaning it cannot be changed. As to the surviving spouse, however, barring language in the Trust prohibiting it, that survivor CAN amend their share of the trust. Does that do it?

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Answered on 3/16/11, 2:41 pm


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