Legal Question in Wills and Trusts in Missouri

Re: Changing a Trust

An attorney would need to read the specific trust document in order to give you specific competent legal advice about the legal rights and duties of various people under the terms of the trust. Having said that, you should not take anything I say in this post as legal advice, since I have had no opportunity to read the trust document. We do not know from the very limited facts set forth in your post who the Trustee is, or what powers the Trustee enjoys. Perhaps the surviving grandparent is now the Trustee, and perhaps the current Trustee has absolute power to amend the Trust or even terminate the trust. Perhaps there was an institutional Trustee named initially which continues to serve in that capacity and perhaps that Trustee has no power whatsoever to amend the terms of the Trust as written. As you state in your post, your understanding is that the Trust did not name any grandchild as a beneficiary, and yet you are concerned about your children's "inheritance". In the first place Grandma has no duty to leave anything at all to any of her grandchildren, and the only assets she could leave to anyone would be assets that she owned at the time of her death. We can assume that all of the grandparents' assets were transferred to the Trust, so there wouldn't be any assets left in Grandma's name at the time of her death anyway. Once the assets are transferred into the Trust the Trustee administers them and eventually distributes them according to the terms of the Trust, and so your children stand to take nothing unless this Trust says they do. If you are not already represented by legal counsel and feel that further advice would be helpful I would be willing to speak with you. You may call me at 314-727-2822.