Legal Question in Wills and Trusts in Arizona
My spouse recently passed away should I have our truse be redone to protect the surviving spouses assests.
Asked on 7/28/09, 6:57 pm
1 Answer from Attorneys
Donald Scher
Donald T. Scher & Associates, P.C.
Before I could suggest that your trust be amended or modified, I would have to review the trust agreement and be informed about the assets in the trust and what are the risks that you are now concerned about. Depending upon the terms and provisions of the trust, you may not be permitted to change the terms of the trust. Remember that a trust does not protect you against creditors' claims. You should meet with an attorney at once and learn what are the options available to you, and what your rights and duties are vis-a-vis your spouse's estate and your spouse's creditors.
Answered on 8/02/09, 7:08 pm