How can an irrevocable trust be broken, when the trustee's won't agree; but the settlor wants it changed?

Wills And Estates 4 views 3 answers
Parents had an irrevocable trust made about 3 years ago; shortly after the father had a stroke. One of his children secretly had an irrevocable trust made. Mistreated father, by isolating the parents from the other siblings. He passed away but his wife is still living. She also suffered mistreatment and after a year let the other children know and they managed to have them removed from her home. By then all of the liquid assets, about $250,000 was gone. They still have their home, another home and a piece of property. She is no longer under their care but is now cared for by someone else. She does not want anything to do with them and wants them off of the trust. No one seems to be able to tell us how we can do it, even after consulting a few lawyers. She is 80, time is important.

Attorney Answers

3
James Frederick ·
It is possible that you cannot break the irrevocable trust. That is one of the reasons why these types of trusts are not often used, except in certain circumstances. That may be what the lawyers you have met with have been saying. On the other hand, if your parents did not understand what they were doing or were subject to undue influence, then it may be possible to have the documents set aside. I do not see how that can be done without going to the court, however. Certainly, the other assets and the plans relating to them can and should be altered to prevent the child who mistreated your parents from getting any other assets. There might also be criminal action available depending on the type of mistreatment. A probate litigation attorney needs to investigate this, right away. My concern is that you have already consulted a number of lawyers and they have not been able to help you. James Frederick
0 upvotes
Steven Fromm ·
Get an estate litigation attorney involved immediately. Hope this helps. Please remember to designate a best answer to your question. Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is [email protected] , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is
0 upvotes
Joseph Pippen ·
The best solution would be to get a court order to break the trust. A trust litigation or estate litigation attorney would be your best choice.
0 upvotes

People Also Asked