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  1. #1

    Does anyone know if an 'Irrevocable Trust can be changed?

    Trying to help an elderly friend who's kids convinced her to change her trust to irrevocable. Now she is trying to sell her house and has no say in anything. She also has no control over her money without their permission.
    She's terribly upset. Her children live far away from her and have no idea what is going on nor want to.
    They have both agreed to sign off the Trustee positions due to continual arguing and unwillingness to help her.
    The lawyer she has said she cannot change the Trust and put himself on as Trustee.
    She is of sound mind. This should never had been done in the first place. She can control her own life at this point.
    Any advice would be appreciated,

  2. #2
    There's no better information source than a lawyer who has the document in hand. If there's a credibility issue with or doubt concerning that particular one, the alternative would be to take the document to another lawyer, explain the circumstances and concerns, and consider the resulting advice as conclusive.
    I believe a trust agreement can be ruled to be faulty and thus abandoned if it were entered into without the full understanding and permission of the grantor, or if it contains provisions that the grantor didn't desire. That's the domain of a lawyer to advise. Trust agreements have been known to be ripped up and redone in some circumstances, but I'm not advising that.
    (Trust agreements usually (always?) have provisions for change or substitution of trustees. If not A, then B. If not B, then C. When a trustee is still alive and otherwise able to act, a change will require that trustee to resign and appoint another consistent with the rules in the trust agreement)

  3. #3
    Trying to help an elderly friend who's kids convinced her to change her trust to irrevocable. Now she is trying to sell her house and has no say in anything. She also has no control over her money without their permission.
    She's terribly upset. Her children live far away from her and have no idea what is going on nor want to.
    They have both agreed to sign off the Trustee positions due to continual arguing and unwillingness to help her.
    The lawyer she has said she cannot change the Trust and put himself on as Trustee.
    She is of sound mind. This should never had been done in the first place. She can control her own life at this point.
    Any advice would be appreciated,

  4. #4
    There's no better information source than a lawyer who has the document in hand. If there's a credibility issue with or doubt concerning that particular one, the alternative would be to take the document to another lawyer, explain the circumstances and concerns, and consider the resulting advice as conclusive.
    I believe a trust agreement can be ruled to be faulty and thus abandoned if it were entered into without the full understanding and permission of the grantor, or if it contains provisions that the grantor didn't desire. That's the domain of a lawyer to advise. Trust agreements have been known to be ripped up and redone in some circumstances, but I'm not advising that.
    (Trust agreements usually (always?) have provisions for change or substitution of trustees. If not A, then B. If not B, then C. When a trustee is still alive and otherwise able to act, a change will require that trustee to resign and appoint another consistent with the rules in the trust agreement)

 

 

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