Tuesday, May 27, 2008

I have a irevocable living trust, I need to make changes to it, do I need to go thru a lawyer or do it myself? -

I need to add beneficiary and change the assets. Do I need to have a lawyer do the changes or can I make the changes myself?

Entirely depends on the clauses therein contained. My advice is go thru a lawyer. DON T ever try doing it on your own. If there is a Donor, a Trustee and Beneficiaries, all parties involved in the existing trust deed have to sign (consent to the revocation of the deed). Once it is revoked you may want to or not , enter into another trust deed. It becomes Irrevocable only if one or more of the parties are not available to sign the revocation. In the event of any revocation it could also become an issue as to who will become the beneficiary. The persons involved can object that the original donor may not be allowed to become the sole beneficiary as a result of the revocation. The reason for this works on the principle that once the donor creates an irrevocable trust deed, even he has no power to undo it as it (e.g. property) is not his anymore.

I think a lawyer who specializes in wills and trusts needs to be consulted. I thought an irrevocable...means you cannot change it but what do I know?

most likely you have to go to a lawyer who deals in this and maybe have to go to a judge to have it finalized if there is any disputes as to the changes

0 comments:

Post a Comment