Can Mom change the Trust after Dad dies?

Dear Liza: My father died several years ago, after my mother passes the children inherit equally per both their wills and the Family Trust.  Can my mother change the terms of the trust now?  The documents state that the estate will be equally shared by the surviving children when our mother passes.  She has decided this means that she can give everything in the homes to one sibling and that when she passes  the homes will be sold and divided between all of the surviving children.  It seems to me this is not what Dad wanted.  Hmm. So, here’s a not very satisfying answer: MAYBE. It all depends on what your parents set up before your father died.  Some family trusts do indeed leave everything in a revocable trust for the benefit of the surviving spouse. If that’s what your parents did, then, yes, your mother is free to change the terms of that trust and she is free to give things away during her lifetime as well because the trust assets are all hers. If, however, your parents set up what’s called an “A/B” trust, your mother’s assets would be in a revocable trust that she would be free to change, but your father’s assets (up to the limit of whatever the estate tax exemption was in the year that he died) would be held in an irrevocable trust, which your mother would not be able to change during her lifetime. In California, where I practice, state law requires that you and your siblings would have to be notified after your father died if such an irrevocable trust was established upon his death. Notice requirements differ from state to state, however. Best to find out what your state requires. Your father’s Will probably leaves his tangible personal property (such as clothes, books, etc) to your mother, and then pours whatever else he owned at death into the family trust. So that’s the document that matters in determining what your mother can, and can’t, do now.