An irrevocable trust, e.g.a credit shelter trust, can be reformed (modified) with probate court approval if the change doesn't alter the testator's intent and meets certain other criteria. If the surviving spouse can be given the non-fiduciary power to substitute trust assets for other assets of equal value--per Sec 675 (4) (c)-- would the trust become a grantor trust, with the surviving spouse the owner for income tax purposes? If not, is there any reformation that would result in grantor trust status? Or is it just impossible because the original grantor (testator) is deceased?
- posted
16 years ago