can a Trust be changed by one of the trustee’s

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can a Trust be changed by one of the trustee’s

The trust states that it can’t be attacked,set aside,modify or change any of the terms and conditions of this trust. does that mean that it can’t be changed.

Asked on January 9, 2017 under Estate Planning, Arkansas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The trustee cannot change the trust.  The settlor (creator of the trust) can modify the trust; however, in your particular situation the language explicitly prohibits change, modification, setting aside etc.  Your brother, the trustee, cannot change the trust.  The trustee's duty is to comply with the provisions of the trust.


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