Legal Question in Wills and Trusts in Illinois

If one person in a joint trust dies can the other make changes to the trust, or have to make a new trust ? This trust is in Illinois.


Asked on 12/09/11, 9:27 am

2 Answers from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

Generally, the surviving trustee can amend the trust; however, each trust can specify

such rules of amendment and any other limitations on the survivor,if any. Read the trust to understand such provisions.

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Answered on 12/09/11, 9:42 am
Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

The answer depends entirely on the terms of the joint trust. Usually the answer is yes, but not always. A careful reading of the trust should answer the question.

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Answered on 12/09/11, 9:45 am


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