Q: when my wife and I were married we drew up a trust to state who would take care of our kids in the event of our deaths.
we are now divorced and I do not want the trust anymore. She said she will not sign the revocation of the trust. What can I do. I am in Ohio .
A:
Ordinarily you would sign an Appointment of Guardian to take care of your children if you are both gone or appoint a guardian in a Will. If you signed a trust, you set aside money to take care of them.
From your question it is not clear whether you want to change the guardian of the children or the trustee of the trust. The last surviving parent usually names the guardian. If a trust is involved, discuss it with the lawyer who represented you in the divorce. It may be that you signed a revocable trust. It may be that you signed an irrevocable trust but can change it as long as you do not lessen the rights of the beneficiaries (the children.)
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