Can Trust Be Changed After Death of Grantor?

by Tink

Can my stepmother change the trust my Dad set up before he died? He left everything to her, and then upon her death everything left would be divided between my Dad's two children and my stepmother's two children. Thank you!

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Aug 10, 2011
I Hope It Was a QTIP Trust
by: Mo Johnson

Hi, well if it was a properly set up QTIP Trust then your step-mother would not be able to change it terms as you suggest she is or may do.

But, I fear (for you) that your dad did not have a proper QTIP trust and instead had a regular revocable trust owned by him and his wife (your step-mother). In that case, she likely, now, can change it.

So, without seeing the trust I can't tell you more. You should see a good local living trust attorney.

Aug 11, 2011
How Can I Find My Diseased Father's Living Trust And/Or Will
by: Tink

Dear Mo,

Thanks so much for your informative response to my question regarding my Father's Living Trust. Unfortunately,I doubt he set up a QTIP Trust, so I guess I have no way to insure my Father's last wishes will be carried out. Can my stepmother then simply set up her own trust (all of her money comes soley from my father) completely disregarding my father's final paperwork? Also, without asking her (that would not go well!) how can I locate my Father's final paperwork - he died in 1989? Doesn't his final wishes, which allowed her to take over all of his assets, have to be filed somewhere? I really appreciate any help you or any of your kind followers can give me!

Sep 03, 2011
Clerk of the Court
by: Mechele

Go to the clerk of the court, they have all the records of any estate that was probated.

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