Q: my late husband and his father set up the irrevocable trust whereas my husband acted as a trustee.
We are still married, and we have two minor kids in a marriage. Do my kids have right for share of this trust?
A: The trust generally spells out what happens when the maker passes away. I assume you father in law was the maker and your husband was the trustee. If no successor trustee is named in the trust, a petition will need to be brought in Court to appoint a trustee. If your kids are not beneficiaries of the trust, they are not entitled to anything just because you late husband was the trustee.
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