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Over the last couple of decades, it is likely that hundreds of thousands of irrevocable trusts have been formed.
Some of the reasons why people have established one or more irrevocable trusts include: creating an irrevocable life insurance trust to create liquidity to pay estate tax; transferring assets to an irrevocable trust to shield them from the nursing home spend-down requirement; attempting to make one's assets lawsuit-proof or judgment-proof; parent and grandparents have transferred assets to irrevocable Crummey trusts to remove assets from the taxable estate of the parents and grandparents; and many have, in their last will and testament, left their estate to a testamentary irrevocable trust - often for the benefit of their spouse and children.
But sometimes, years or decades after the creation of these irrevocable trusts, circumstances make the irrevocable trust impractical.
You would think that an irrevocable trust cannot be changed or modified in any way. But there are ways that an irrevocable, nonamendable, nonchangeable trust can be revised, modified, or terminated.
Most states provide in their trust law that a court may order the termination or modification of a trust if the continuation of the trust unchanged would defeat or substantially impair the purposes of the trust.
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This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.
Paul Rabalais
Estate Planning Attorney