Legal Question in Wills and Trusts in Kansas
Omitting a child on revocable trust
My mother (lives in Kansas) and stepdad had a revocable trust in place with equal shares going to all children. Two years ago my stepdad passed away and my mother wants to omit a sister from the trust (the sister wants nothing to do with any of us). Can these changes be made by adding a note (notorized?)or does the whole thing need to be redone by the lawyer.
Also I am one of the executors and I live in Colorado. Is there anything we should know about having an executor out of state? The other executor, a step brother lives in Kansas near my mother.
1 Answer from Attorneys
Re: Omitting a child on revocable trust
Depending upon the provisions in the trust document, you may not be able to amend the trust at all. You should arrange to have the trust reviewed by an attorney in Kansas. That attorney can advise you whether what your mother wants to do is possible; and whether there are any problems with you living in another state.