Legal Question in Wills and Trusts in Virginia

Trust Name after grantor dies

I am the trustee for a trust document that is entitled ''The -a person's name- Revocable Trust'' whereby the only grantor, the person named in the title, has died. The bank wants me to set up the trust account entitled '' The -a person's name- Irrevocable Trust'' because further into the document it says ''that when the grantor dies, this trust becomes irrevocable.'' I tried to say that changing the name will be problematic with administration of the trust and dealing with the assets that name the trust as the beneficiary – not to mention if any legal issues arise.

I know that revocable trusts when the grantor dies, by law, become irrevocable.

But should we now re-title the ''revocable'' trust to ''irrevocable?”

Thanks in advance

Paul


Asked on 9/01/07, 1:20 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Trust Name after grantor dies

No, the name of the trust should remain the same, i.e, "John Q. Public Revocable Trust". I am looking at several court documents which have been filed in the Alexandria Circuit Court having to do with revocable trust matters after the settlor died, and the trust continues to be referenced in these documents as the "John Q. Public Revocable Trust", as it was originally titled.

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Answered on 9/01/07, 5:26 pm


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