once a spouse dies are trusts irrevocale?

Question

there is trust A and trust B the husband died in trust A Can trust B rewrote into a will? Or is is it irrevovable since trustee A has died? Can the wife change her half ?

Answer 1

you need to provide more details to the example.

If the trusts are designated as irrevocable in the begining, then if he died it would not matter b/c its irrevocable regardless. By definition, it cant be changed. If it is not designated as such, then it can be changed.

As far as your example, is the husband the trustee, owner, or beneficiary? On both trusts? If the wife has her own, then it is not affected by him at all, unless he is the trustee.

still need more details.

Answer 2

I think that if the husband dies it goes to whomever is named as the new trustee. Then that person can re-write the trust. But I'd check with a professional lawyer on that one as it might depend on how the original trust was written up.

Answer 3

whether a trust is revocable or irevocable (it must be one or the other) is dictated by the trust documents itself. this aspect of a trust may not be changed once it has been established (if you later need an irrevocable after having a revocable) then you must write a new trust with a new effective date of that trust. this in effect would be changing it but one must follow up on a trust establishment by actually funding the trust itself( that is actually transfering assets to the trust itself as the legal owner of the asset.)

Answer 4

So does this mean your planning something??