Amending a Living Trust

Dear Liza:  My mom and dad set up a revocable living trust and now dad has passed away. Can my mom amend it?  My answer is: Maybe. If your parents set up a trust that’s pretty common for married couples, in which the trust is divided into two trusts after the first spouse dies, your mother can’t amend the trust that holds your father’s assets.  She can, however, amend the trust that holds her assets, which is revocable during her lifetime.  This is called an A/B Trust.  To find out if your parents have that kind of trust, find the section that says what happens after the first spouse dies. If it says to divide the assets into a ‘Bypass Trust” and a “Survivor’s Trust” or a “Credit Trust” and a “Marital Trust,” then your parents established an A/B trust.  However, if that section says something like the assets are to be held in a revocable trust for the survivor’s benefit, then your mom can amend the entire trust (because it was never divided into two trusts).