How do you revoke an irrevocable trust?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do you revoke an irrevocable trust?
My grandmother, while she was grieving for the death of my mother signed over an irrevocable trust to a supposed “caregiver”. This caregiver had my grandmother, and my aunt sign this irrevocable trust while my aunt was recovering in a hospital room. What can I do to get this trust overturned, thus getting my aunt’s annuity back to her?
Asked on March 23, 2012 under Estate Planning, Arizona
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You need to seek legal help as soon as you can. The actions of a caregiver in cases like this amount to undue influence and possibly coercion depending on your state statutes. ou need to have the trust set aside, not revoked. Revoked implies that the settlor of the trust (your grandmother) wishes to change its term. That is not what you need to do here. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.