Amendment to Living Trust: Can children take joint property not included in trust?

by Norma Rae

My husband has amended his living trust, naming me as successor trustee in place of his children and has named his adult grandchildren as beneficiaries in place of his children.

All assets (namely, a residential property and a small savings acct.) acquired prior to our marriage is to be liquidated and distributed to the grandchildren. All assets acquired since our marriage are held jointly with right of survivorship, owned jointly (titles in both our names) or bank accounts in both our names.

Can his children take any assets held as described above? Do the amendments (which he had notarized) have to be filed legally?

Comments for Amendment to Living Trust: Can children take joint property not included in trust?

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Mar 21, 2011
Step Children and Joint Property
by: Mo Johnson

You may want to talk to your husband about him doing a QTIP Trust instead as I think it might better meet everyone's needs.

But, from what you say it sounds like things will probably work out. However, what if one of the children claims that one of the assets you say was earned after the marriage, was actually partially earned prior to your marriage? So, it could get ugly.

I'd recommend you and your husband discuss it with a trust and/or estate attorney. Here's some info on choosing an estate planning attorney.

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