Surviving Spouse

What happens to my spouse's trust if I'm the surviving spouse?

As a surviving spouse, you typically become the successor trustee of your deceased spouse's revocable living trust, giving you control over trust assets. You'll generally have access to trust funds for your health, education, maintenance, and support. The trust document will specify exactly what powers you have and whether assets transfer to you outright or remain in trust. You'll need to follow the trust's distribution instructions and may need to create separate trusts for any children or other beneficiaries.