Legal Question in Wills and Trusts in New Jersey
Will, Trusts, Probate
My moms trust officer acknowleged
changes made to her irrevocable trust, signed by him and mother.
Changes of will, changes of trustee officers, and changes of beneficiaries. Now that mother is gone, he said the beneficiaries can not be changed. We have documentation stating the changes were made. He said it could not be changed. But the will and trustee have been changed. And the trust officer refuses to send the original trust to our attorney. Any information contesting this area of law, is for our education alone...perhaps a tool to offer to our attorney. The property in question is in New Jersey. The Trust Officer is in Texas (A financial advisor only) Trust Officers Attorneys signatures (on trust) are from Texas, and Nevada
1 Answer from Attorneys
Re: Will, Trusts, Probate
I'm not sure I understand your question, and would probably need to see the various documents [Will and trust] to give you a better answer.
In general, an irrevocable trust's terms cannot be changed...however, often there a provisions for appointing or removing trustees which would possibly answer your question as to why the trustees have been changed.
A Will is not irrevocable, and it's terms can be changed at any time. However, once a person dies, obviously they can't change the terms of their Will, so it in effect becomes irrevocable.