Can you amend a blind trust agreement to change the trustee or have the trustee return the property?

Blind trust agreement was created and the settlor wants to change the trustee. The last page says it is irrevocable but there is verbage in the agreement where it seems possible. The document mentions Canadian law but this was recorded in the US. Is the agreement even valid since it talks about laws in Canada?

Asked on July 14, 2010 under Estate Planning, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This is not really a question that you can answer in this forum.  You need to take the Trust Agreement to an attorney in your area that specializes in these matters and discuss the many issues that seem to be involved here, including the diversity of law question you have.  "Irrevocable" usually means irrevocable.  The language within the trust that you are referring to may be standard language regarding illegality of a portion of the trust (is something is found to be contrary to state law then that one thing is invalid but it does not invalidate the whole trust agreement - or something to that effect). It needs to be read in full. Good luck.


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