Legal Question in Wills and Trusts in New Mexico

Remarriage after one trustee dies

If one of the settlors dies and the surviving settlor remarries, will the revocable living trust automatically recognize the new spouse as the settlor or will that have to be changed in writing with the trust files and recorded. If this is not a requirement, can the new spouse contest the trust upon death of the original settlor? As the original revocable trust is filed, what are the requirements to have it changed and will all the parties be notified of the changed trust? What legal right does the new settlor have with regards to the trust if there are no changes made when the original settlor married the second time?


Asked on 11/16/06, 5:02 pm

1 Answer from Attorneys
Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

Re: Remarriage after one trustee dies

Nobody can even attempt to answer these questions without reviewing the trust document and knowing more about the situation. You should retain an estate planning attorney in the relevant jurisdiction.

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Answered on 11/16/06, 5:05 pm


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