Can a Will Assign How My Husband's Trust From His Mother Is Disbursed?
If your husband wishes to specify when a trust will be disbursed, he must prepare a new trust document or update his existing one. State laws do not require him to hire an attorney or estate planner to do this. He can amend a trust document using a blank trust document. Templates are available at office supply stores.
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Parties Involved
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A trust is made up of three parties: a person who relinquishes legal interest in property, known as the grantor, a person who receives legal interest in property, known as the beneficiary, and a person who takes control of property after the grantor's death, known as the trustee. Both the grantor and the trustee have legal authority to amend the trust document, which is the only legal instrument that can be used to enforce the trust.
Identification
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Wills and living trusts are estate planning tools used to distribute assets to children, relatives and charity organizations. Both instruments allow you to specify how your property will be distributed at the time of your death. However, one does not influence the other. If your husband wishes to set provisions for trust property, he must do so using a trust document.
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Provisions
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Unlike a will, a living trust allows a grantor to make provisions specifying when a beneficiary is entitled to assets held in trust. For instance, a grantor may want to hold assets in trust until a minor child becomes of legal age or earns a post-graduate degree at a four-year college. Instructions regarding the distribution of assets must be put in writing.
Signing Rules
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In general, a trust instrument must contain a hand signature and the seal of a notary public. Before a notary public can sign, date and affix her official stamp to the instrument, she must verify the identity of the signer. If the identity of the signer is not verified, beneficiaries may contest or challenge the trust in court.
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