Can a living Trust be ammended by the trustee if the trustor is already dead?
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Can a living Trust be ammended by the trustee if the trustor is already dead?
My grandmother already died and left a living Trust on my mom. However, my mom is in the Philippines and
authorized somebody here in the U.S. to process the assets last year. It’s been a year and a half but it not been processed. Can my mom authorize me to do it? Can the living Trust be ammended and appoint me as her succesor?
Asked on July 14, 2019 under Estate Planning, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, it cannot be amended after the trustor or grantor (either term may be used) is dead: the trustee manages or administers the trust, but has no power to revise, change, or amend it; all she can do is carry out its terms.
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