Legal Question in Wills and Trusts in Florida
How to revoke a trust. The husband and co-trustee has passed, the wife and remaining trustee has remarried. The bank account is in the name of the trust, so that's a problem.
2 Answers from Attorneys
No that is not the problem. When the husband passed, his share be unrevocable (an A B trust/ above ground/below ground). So his portion will continue for the benefit of the wife who is "above ground". When she passes the trust can be disbursed.
If you wish to break the trust you will need an attorney to review the trust and make a determination if the assets are being squandered or if there is insufficient funds in which to keep the trust open. Also the state of mind of the Wife, in the event she needs to be determined incapacitated. There are a lot more avenues to this. YOu need to speak to a probate/trust attorney.
Ms. Becude is accurate. I write only to emphasize this is not an easy process and an attorney is needed.
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