It depends. Was it a mandatory A/B trust or a disclaimer A/B trust? A lot of A/B trusts are disclaimer trusts which means the surviving spouse can choose to elect the B trust funding. If so, then they can amend the entire trust. Having said that there are situations where the surviving spouse can only amend 1/2 of the trust. The key would be talking to an experienced trust and estate attorney. Good luck. -John
Answered on Mar 12th, 2013 at 9:49 AM