Trustee Powers After Death

Summary

In California, a surviving trustee can amend a revocable trust if the trust document grants that power. If the trust becomes irrevocable, changes to the successor trustee or beneficiary are not allowed. The surviving spouse may have the ability to amend or revoke the trust, subject to specific qualifications outlined in the trust document. Understanding these qualifications is crucial to determining the extent of the surviving spouses powers.

Full Conversation

If a trustee dies can the remaining trustee change successor trustee or beneficiary in a revocable trust
Hey ****! Generally, in California, the remaining trustee can make changes to the trust only if the trust document grants them that power. Here are some key points:
- The trust document is the guiding factor.
- If explicitly allowed, the remaining trustee can amend the trust.
- If not, court intervention might be required.
Is there anything specific mentioned about amendments in your trust document?
Revocation - Surviving spouses trust: after allocation of the trust estate, the following provisions regarding revocation and amendment shall apply:All other trusts, including the disclaimer trust, shall become irrevocable and non-amendable
Thanks for the information, ****. Since the trust document states that all other trusts, including the disclaimer trust, shall become irrevocable and non-amendable after allocation of the trust estate, it means the remaining trustee cannot change the successor trustee or beneficiary.
Do you have any other specific concerns or questions about the trust?
It also says Surviving spouses trust: the surviving spouse may revoke and amend the the surviving spouses trust subject to the qualifications contained in article *
Case Rating: *
Hey ****! Based on the information provided, it seems the surviving spouse has the ability to amend or revoke the trust, subject to certain qualifications. Would you like to provide more details about the qualifications contained in article *? This could help clarify the extent of the surviving spouse's powers.