QUESTION
Will my grandfather's girlfriend have any claim to my grandfather's trust?
Asked on Aug 12th, 2013 on Estate Planning - Michigan
More details to this question:
I am the sole beneficiary of my grandfathers' trust. His much younger girlfriend has just moved in with him. I know Hawaii does not recognize common law marriage but would she have any claim to this trust? The trust does not mention her name.
13 ANSWERS
It depends on how the trust is written. She probably has no rights upon his death unless he has included her as a beneficiary. During his lifetime, however, he can probably spend the money how he wants, including on her.
Answered on Aug 14th, 2013 at 1:56 PM
Depending on whether the trust is revocable, your grandfather may have the right to change the terms of the trust.
Answered on Aug 14th, 2013 at 10:51 AM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
Not unless the trust is amended, or trust assets are converted to her.
Answered on Aug 13th, 2013 at 11:50 PM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
Hawaii? No idea. In Oregon, and in most places where there are men and women, though, Much Younger Girlfriend isn't using legal strategies to secure assets. While grandfather is alive, he can spend as much on Much Younger Girlfriend as he wants. If she's working' it, she'll get a car and lots of nice jewelry out of the deal. Diamonds are a girl's best friend. If she's really workin' it, your grandfather will have amended the trust by the time you turn around. It is, after all, his money.
Answered on Aug 13th, 2013 at 10:23 PM
2 Awards
At this point no. If your grandfather changes the trust to include her that might be a different story.
Answered on Aug 13th, 2013 at 9:57 PM
No, the girlfriend would have no claim to the trust. If this is a revocable trust, however, your grandfather would always be able to revise the trust documents.
Answered on Aug 13th, 2013 at 9:21 PM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
No she will have no claim to his trust. However he may amend the trust if its not irrevocable.
Answered on Aug 13th, 2013 at 9:21 PM
3 Awards
Probably not, but if he adds her to the trust, then she would. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Aug 13th, 2013 at 9:19 PM
Thomas Edward Gates
Only the named beneficiaries will benefit from the Trust. If it's a revocable Trust he can dissolve the Trust or make modifications.
Answered on Aug 13th, 2013 at 9:14 PM
Admiralty / Maritime Attorney serving Monrovia, CA
at
The Law Office of Nathan Wagner
Update Your Profile
The girlfriend does not have a claim to the trust now. But of course, your grandfather can change the trust at any time (assuming that it is a revocable trust), and he can make her a beneficiary of the trust. Also, if he is the trustee, he can also probably give her assets from the trust during his lifetime.
Answered on Aug 13th, 2013 at 4:49 PM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
Your grandfather should have his trust reviewed and maybe have an amendment to the trust to exclude her, particularly if they marry; marriages can void trusts; so be careful and obtain good estate planning legal advice from an attorney in the area; and watch out for changes in his power of attorney, advance healthcare directives, changes to his bank accounts, etc., life insurance change beneficiary changes, beneficiary changes in his other accounts.
Answered on Aug 13th, 2013 at 3:05 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
She shouldn't unless grandpa decides to add her as a beneficiary. Hopefully he had a prenup in place to take care of any issues.
Answered on Aug 13th, 2013 at 3:04 PM
If the trust is a revocable trust, it can be amended.
Answered on Aug 13th, 2013 at 3:02 PM