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Can an irrevocable living trust be changed after the death of a spouse by the surviving spouse?
An irrevocable living trust generally cannot be changed after the death of the person who created it, even by the surviving spouse. The terms of the trust are fixed and legally binding, and any modifications typically require the consent of all beneficiaries or a court order. However, the surviving spouse may have certain rights or powers depending on the trust's specific provisions. It's advisable to consult with an estate attorney for guidance based on the trust's terms and applicable laws.
What else can I help you with?
Can an irrevocable trust be broken by the surviving spouse just because the trust states the assets are to be divided between the children and not the surviving spouse?
Generally, no. A properly drafted trust removes the property from the decedent's estate and the property passes according to the terms of the trust. That is the primary reason for transferring property to a trust. Trust law is one of the most complex areas of law. The surviving spouse should consult an attorney who specializes in trust and probate law who can review the situation and explain the options. However, actions to break a properly drafted trust can be extremely costly and rarely succeed.
Can an irrevocable trust given to one spouse by parents be the others spouse's irrevocable trust as well?
We own the house my brother and me and I would to know if you can borrow on it. Thank You
Who is called as un-remarried surviving spouse?
in French, the surviving spouse is un veuf (a widower) or 'une veuve' (a widow). Most people would use these nouns for people living alone, and not married again.
Can a surviving parent be executor if there are living children?
Yes, that is very common. The spouse is typically the executor of the estate.
Who has legal rights over deceased spouse if surviving spouse remarries?
The surviving spouse has legal rights regardless of whether he/she remarries after the death of his/her spouse.
Does a surviving spouse in Texas have to get surviving children to sign before he sells his home?
That depends on how you and your spouse held title to your property and whether the surviving children are the children of both the decedent and the surviving spouse. You should consult with an attorney.
What does it mean by being a surviving spouse where no action for divorce or separation maintenance was pending at the time of decedent's death?
That means you are the surviving spouse and have all the rights of a surviving spouse under federal laws and state laws, especially under the state laws regarding inheritance.That means you are the surviving spouse and have all the rights of a surviving spouse under federal laws and state laws, especially under the state laws regarding inheritance.That means you are the surviving spouse and have all the rights of a surviving spouse under federal laws and state laws, especially under the state laws regarding inheritance.That means you are the surviving spouse and have all the rights of a surviving spouse under federal laws and state laws, especially under the state laws regarding inheritance.
Is a surviving spouse responsible in Oklahoma for Credit card debt of the deceased spouse if the living spouse never signed and document?
In Oklahoma, the deceased's estate is responsible. The spouse can be held as a beneficiary of the costs and by inheriting less from the estate.
Does a spouse have to pay back a loan of a deceased spouse if they are not a joint holder of the loan?
Depends on the state you live in. * If the married couple resided in a community property state the surviving spouse might be held accountable for the debt even though the loan was only in the name of the deceased spouse. In all other states the surviving spouse is not responsible for debt that is incurred solely by a living or deceased spouse.
As the surviving spouse of a AB living trust and now the trustee of the remaining family B irrevocable trust am I entitled to a annual fiduciary fee for managing this trust and if so how much?
Yes. The fee depends on local law and custom. For example, in Illinois a trustee can charge a reasonable fee. Some states have schedules.
Are you the surviving spouse even if you were not cohabiting with your spouse at the time of death?
IF you were legally married then you are the surviving spouse whether or not you had lived together at the time of his death
If the surviving spouse dies before he invokes his right of election can his executor act on his behalf?
Generally, yes. The right of election to the elective-share amount may be exercised by the surviving spouse or by the personal representative of a deceased surviving spouse or on behalf of a disabled surviving spouse. State laws vary so you should consult with an attorney in your state ASAP.Generally, yes. The right of election to the elective-share amount may be exercised by the surviving spouse or by the personal representative of a deceased surviving spouse or on behalf of a disabled surviving spouse. State laws vary so you should consult with an attorney in your state ASAP.Generally, yes. The right of election to the elective-share amount may be exercised by the surviving spouse or by the personal representative of a deceased surviving spouse or on behalf of a disabled surviving spouse. State laws vary so you should consult with an attorney in your state ASAP.Generally, yes. The right of election to the elective-share amount may be exercised by the surviving spouse or by the personal representative of a deceased surviving spouse or on behalf of a disabled surviving spouse. State laws vary so you should consult with an attorney in your state ASAP.
