Legal Question in Wills and Trusts in New Jersey
irrevocable trust
Can my step-mother change the trust now that our Father has died?
3 Answers from Attorneys
Re: irrevocable trust
Hard to answer without seeing the language of the trust. In most cases the answer is no, but there may be language that allows modification. If you could get me a copy of the document I could read it and advise you better.
Re: irrevocable trust
No. it sounds like you could use a lawyer's help. It sounds like there is a fight going on.
I do this kind of work. If you would like me to assist, please call my office. I am in Hackensack. You can then decide how you would like to proceed.
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Re: irrevocable trust
The terms of a trust become fixed at the time of death if not before. However, if you step-mother is a trustee, the trust instrument may specify that she has certain options in the managment of the trust. That may make it appear that she is modifying the trust when she is not. It would take a reading of the will or other writings that established the trust in order to tell.
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