Is there a way to modify or terminate an Irrevocable Trust?

 

I’m often asked the question by a client who has an irrevocable living trust, or maybe a loved one had a revocable trust that now became irrevocable upon their death, can we make any changes? Can we modify or even terminate that trust? The answer, of course, is that it depends. It depends, firstly, on the language within the trust agreement. There may be some flexibility in that irrevocable living trust for making some modifications or terminating the trust. If not, we do have some statutes in Florida that may allow for modification or termination. If none of those things apply, then we always have the option of going through a court process to request that a judge allow a modification or termination of a trust.

Law Offices of John Mangan, PA, Palm City-Stuart, FL
CALL: 1 (772) 218-0480

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Written by: John Mangan, JD, MBA