Legal Question in Wills and Trusts in New Jersey

irrevocable trust

Can my step-mother change the trust now that our Father has died?


Asked on 6/15/07, 10:56 pm

3 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: irrevocable trust

Hard to answer without seeing the language of the trust. In most cases the answer is no, but there may be language that allows modification. If you could get me a copy of the document I could read it and advise you better.

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Answered on 6/16/07, 12:58 pm
Robert Davies The Davies Law Firm, P.A.

Re: irrevocable trust

No. it sounds like you could use a lawyer's help. It sounds like there is a fight going on.

I do this kind of work. If you would like me to assist, please call my office. I am in Hackensack. You can then decide how you would like to proceed.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 6/16/07, 2:34 pm
John Corbett Corbett Law Firm LLC

Re: irrevocable trust

The terms of a trust become fixed at the time of death if not before. However, if you step-mother is a trustee, the trust instrument may specify that she has certain options in the managment of the trust. That may make it appear that she is modifying the trust when she is not. It would take a reading of the will or other writings that established the trust in order to tell.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 6/15/07, 11:33 pm


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