Q: Father (dead) mother have separate trusts. Mother wants to combine both. Does she need approval of beneficiaries?

A: If your parents had separate trusts, it’s highly unlikely your mother would have any right to modify his trust document if your father were alive, but it’s even less likely she will be able to change his trust after he has passed.

The Trustee who steps up after the Settlor/Trustor dies (called a Successor Trustee) is the one legally responsible for following the terms of the trust as it was written on the date of his passing. If the trust expressly authorizes what he wants to pay ot affer as a condition. Best wishes.

A: No, if your mother and late father had separate trusts that they each established, your mother does not need approval from the beneficiaries to combine those trusts after your father has passed away. Some key details:

- When a person creates their own trust, they retain full control over the trust assets and terms while they are living. This includes the ability to revoke, amend, or merge the trust without beneficiary approval.

- So if your parents had separate living trusts, your mother likely has the power under her trust to integrate your late father's trust into her own after his passing. No beneficiary consent is necessary.

- She should work closely with an estate planning attorney to ensure the trust merger follows all legal formalities and tax considerations to be valid. But beneficiaries and heirs cannot block the change.

- There may be limited exceptions if the father's trust had specific irrevocable sub-trusts created before death that require separate administration. But in general, no beneficiary sign-off would be needed.