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Can a will or trust stipulations for inheritance or distribution be changed after the death of the person?
Anonymous2 views2 answers
My Uncle recently passed away. He had a large sum of money in a trust. He was deemed incompetent, the bank was the guardian. I do believe the trust stated inheritance was per steppes. A Lawyer is telling my Aunt that she can change the will/distribution of the trust so she can get all the money, is this possible?
[Disclaimer: nothing in this answer is to be construed as the giving of legal advice specific to your situation or facts nor is an attorney-client relationship between yourself and I created by virtue of this response to your inquiry.]
First, you need to get a copy of the trust and/or will document so you can determine exactly what it says. While it is unlikely that any of the provisions regarding the beneficiaries of either instrument can be changed after the death of the grantor/testator (the person who made the will or trust), it is also possible that your aunt may be a trustee and the trust/will could give her the power to make changes to your uncles estate plans. This is particularly true if she was his guardian since in many states she could petition the court to actually change his estate plans, depending on his changing needs and circumstances during the period in which he was incompetent and unable to manage his money or affairs. She could ask a judge to give her powers which she would not have had under his original will or trust.
So, your second step is to examine the guardianship court file and assuming the trust/will gives her no authority to change beneficiaries or allocations (and assuming your would otherwise be a beneficiary under those documents ) to see if the plan was modified by the probate court. The bank-guardian may be a resource here since they may be able to give you more details and history than your aunt.
After you have some facts regarding his plan then and any modifications, I would seek out an estate planning attorney for advice in your jurisdiction.
Generally a trust is not amendable after death and the trustee cannot change the pattern of distribuition.
You should request a copy of the trust and consult with an estate planning attorney who can advise you on your particular situation.