Can a beneficiary be added to trust before disbursement of estate by the trustee or executor?
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Can a beneficiary be added to trust before disbursement of estate by the trustee or executor?
My mother passed away and left a revocable trust to be split 3 ways between her 3 living children (all over 50 years). It is written so if anything happens to me all of my share of the million dollar estate will go to my birth children equally. One problem – I have no birth children only stepchildren who I have raised as my own. Can the trust be amended or changed to leave my share to my surviving spouse? If possible, would the trustee or executor be able to do this?
Asked on December 4, 2011 under Estate Planning, Virginia
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In your situation, the express terms of your mother's trust control the distribution of the assets within the trust. Since she has passed away, the trust cannot be amended. If the trust specifically states your share of the trust if something happens to you goes to your birth children, then the trust means what it says and cannot be amended.
A key point is whether the birth children provision deals with a circumstance if you did not survive your mother. If that is the case and since you survived your mother, then perhaps you have nothing to be concerned about in that you are entitled to your share of the trust's assets and you can decide who receives them in the end. I suggest that you consult with a Wills and trust attorney further about your question.
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