New Mexico Revocable Trust for Lifetime Benefit of Trustor, Lifetime Benefit of Surviving Spouse after Trustor's Death with Trusts for Children
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FAQ
After one spouse dies, the surviving spouse is free to amend the terms of the trust document that deal with his or her property, but can't change the parts that determine what happens to the deceased spouse's trust property. You can make a valid living trust online, quickly and easily, with Nolo's Online Living Trust.
A revocable living trust becomes irrevocable once the sole grantor or dies or becomes mentally incapacitated. If you have a joint trust for you and your spouse, then a portion of the joint trust can become irrevocable when the first spouse dies and will become irrevocable when the last spouse dies.
Under typical circumstances, the surviving spouse would become the sole trustee after the death of one spouse. The surviving spouse would control the shared property, and the personal property of the deceased spouse would be distributed to the beneficiaries.
Living trusts allow you to enjoy the benefits of your assets while you're alive and pass them automatically to your chosen beneficiaries once you're gone.
What happens in this type of trust is that the trust is a joint revocable trust when both spouses are alive. When one of the spouses dies, the trust will then split into two trusts automatically. Each trust will have half the assets of the trust along with the separate property of the spouse.
But when the Trustee of a Revocable Trust dies, it is up to their Successor to settle their loved one's affairs and close the Trust. The Successor Trustee follows what the Trust lays out for all assets, property, and heirlooms, as well as any special instructions.
What Happens When One Spouse Dies. While both spouses are alive, they typically act as co-trustees and manage the trust together. Upon the death of the first spousealso known as the decedent spousethe surviving spouse generally becomes the sole grantor/trustee and continues to manage the trust based on its terms.
After one spouse dies, the surviving spouse is free to amend the terms of the trust document that deal with his or her property, but can't change the parts that determine what happens to the deceased spouse's trust property.