Can a Revocable Trust be Changed after One Spouse dies?

Of course, a revocable trust can normally be amended after one of the spouses dies, although it will depend on the terms of the particular trust agreement and the kind of trust the couple established. In such a case where the revocable trust is a joint one, it usually comprises two parts: the revocable and the irrevocable portion.

Upon the death of one spouse, the surviving spouse may have the right to revoke or amend the revocable trust in regard to their share of the assets. That portion of the trust which becomes irrevocable, generally the deceased spouse's share, cannot be modified by the surviving spouse. This means that any asset of the dead spouse is to be distributed according to the original terms of the trust as established when both spouses were alive.

The majority of couples make this arrangement in a joint revocable trust to let the surviving spouse have complete control over their assets while restricting changes in the share of the deceased spouse to ensure that intended beneficiaries receive what was planned for them.

When only one spouse is a grantor of the trust, then upon his or her death, a revocable trust usually becomes irrevocable-that is, no further changes can be made.

It is always a good idea to consult with a legal professional or estate planner who can clearly outline the particular terms of the revocable trust and what can or cannot be modified after the passing of one spouse. At One Pacific Trust, we take the headache out of the process for our clients-both at the front and back end-addressing complexity and making sure their estate plans are flexible and secure for those they love.