Does a revocable living trust created by a husband and wife automatically become irrevocable upon the death of either spouse? There is no specific clause in the trust document that states that the trust becomes irrevocable upon the death of either spouse. The surviving spouse is the trustee of the trust and has full control of the funds in it.
Once there is a death of either party, the trust becomes irrevocable. Hope this helps
Craig W. Smalley, E.A., CEP
Admitted To Practice Before The Internal Revenue Service
Certified Estate Planner
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