Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
My parents set up an Irrevocable trust prior to their deaths. The Trust is the Owner, I am the trustee. Prior to my father’s death, he married a woman 2 months before he passed. She is now stating that she has claim to the trust. Under what, if any, circumstances does she have a claim?
Asked on November 21, 2016 under Estate Planning, Alabama
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, she does not have any claim to an irrevocable trust. As the term "irrevocable" implies, when the trust is set up, the money or other assets in it were irrevocably removed from the ownership of the person creating the trust--and therefore were irrevocably removed from his estate. From your question, it appears that the trust was set up prior to your father's marriage to his new wife--she has no claim at all on a trust set up (and therefore assets removed from his ownership) before they even got married.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.