What to do if my father has left lifetime rights to our stepmother in a Trust?
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What to do if my father has left lifetime rights to our stepmother in a Trust?
My sisters and I don’t like this because we don’t get along with her. If I could write out a document and have my daddy sign it revoking this right, would it stand against a Trust?
Asked on March 7, 2013 under Estate Planning, North Carolina
Answers:
Catherine Blackburn / Blackburn Law Firm
Answered 11 years ago | Contributor
Your father can revoke his trust. He can also change it. I suggest he visit a lawyer to do this since there are many mistakes that can be made. I do not recommend hand writing something saying your stepmother will not receive anything. I can almost guarantee you will not do this with sufficient formality to make it effective, and your state's law probably would not allow it anyway. In most states, a husband cannot completely disinherit his wife.
Your daddy has many options to make sure your stepmother and his children are taken care of. A trust and estate lawyer can take care of this.
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