Can a Spouse Change a Trust After the Grantor’s Death?

Can a Spouse Change a Trust After the Grantor’s Death?

Estate planning can be tricky, especially when wondering if it’s possible for a spouse to change a trust after death. This is a common concern, particularly for those of us in Fort Worth, TX, where specific state laws might affect what can and can’t be done. At MBH Mims Ballew Hollingsworth, we’re here to help you navigate these tough decisions.

Can a Spouse Change a Revocable Living Trust?

A revocable living trust offers considerable flexibility while the person who created it is still alive. They can modify, amend, or even revoke it entirely. However, once one spouse passes away, the trust typically becomes irrevocable, meaning the surviving spouse may not be able to make changes. There are exceptions, though—some trusts include special provisions that allow for limited modifications even after death, though this isn’t common. Consulting with an experienced attorney is advisable to understand what your specific trust allows. For instance, the Texas Family Code provides guidance on managing these documents, making it crucial to review the relevant statutes.

Can a Spouse Change an A/B Trust?

An A/B trust involves a more complex arrangement. Upon the death of one spouse, the estate is divided into two parts: the “A” portion, which the surviving spouse controls, and the “B” share, which holds the deceased spouse’s assets. While the “A” portion remains flexible and can be altered by the surviving spouse, the “B” share typically becomes irrevocable, meaning it cannot be changed. Understanding the distinction between these two parts is essential to ensure the arrangement functions properly under Texas law. Additional details on these provisions can be found in the Texas Family Code.

Can a Spouse Change an Irrevocable Trust?

Irrevocable trusts are meant to be, well, irrevocable. Once they’re set up, neither the grantor nor the surviving spouse can easily change or revoke them. These trusts are often used to protect assets from creditors or taxes. However, in some rare cases, changes might be possible—like if you get court approval or if all the beneficiaries agree. But these situations are the exception, not the rule. If you’re in Fort Worth, TX, and considering this, it’s important to talk to a legal expert.

How Can I Change a Trust After My Spouse Has Died?

If you’re thinking about changing a trust after your spouse has passed away, the first step is to carefully review the document. It might outline specific conditions under which changes could be made. Sometimes, creating an amendment is possible, especially if the trust allows for adjustments after one spouse’s death.

Creating an Amendment

If the document allows amendments, it’s important to follow the legal steps closely. This usually means drafting a formal amendment and making sure all relevant parties are informed. In some cases, you might even need court approval, particularly if the changes are significant.

Amending Their Old A/B Trust

Some older A/B trusts might have clauses that let the surviving spouse make certain changes. While this isn’t common, it can offer some needed flexibility. Navigating these options can be complex, so working with a legal professional is essential.

At MBH Mims Ballew Hollingsworth, we know these situations can be overwhelming. We’re here to guide you through it, making sure you have the information you need to make the best decisions for your future.

Fort Worth, TX Divorce & Family Lawyers

Constance Mims has over fifteen years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization. She is Collaborative Law certified and is a shrewd negotiator, not to mention her experience in the most challenging child custody, child support, spousal maintenance, alimony, prenuptial agreements, and divorce issues, both in court and in the appellate arena.

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