Can a first party supplemental needs Trust be ended before the individual dies?

And, how do you discontinue it?

Asked on September 24, 2012 under Estate Planning, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country whether the supplemental trust that you are writing about can be revoked before the settlor/trustor (person creating the document) passes depends upon whether or not the trust and its supplement is a revocable or an irrevocable trust.

If revocable, it can be terminated before the settlor/trustor passes. If irrevocable, it cannot legally be revoked. The document will state if it is revocable or not.

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