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Joint Trust Status After a Death

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embillma

Junior Member
What is the name of your state? FL

Wife and I have a revocable joint family trust with both as co-trustees. Question arises whether remaining trustee upon death of the other may modify the original distribution of assets to accommodate conditions that could exist after the death of the co-trustee, or are our choices 'locked-in' and imposed on the surviving trustee? Guess the secondary question is whether the death of one co-trustee causes the terms of the current trust to become 'irrevocable' and out of control of the remaining trustee? (We would like the remaining person to have the flexibility to make modifications 'down the road' and need to know what approach should be used).
Thanks in advance.
 


tranquility

Senior Member
This is a complex question which requires a close reading of the trust when applied to FL case law. Our office is in litigation on this very issue. While we think the answer is quite clear, the Plaintiff/beneficiary attorney does not. Time will tell. Since careful crafting can make the issue however you want it, make sure you have an experienced attorney review the trust. Don't rely on a trust-mill document.
 

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