Can an irrevocable trust be modified after the death of the one who set it up?

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Can an irrevocable trust be modified after the death of the one who set it up?

It involves 600 acres of land left to only 1 of 4 children.

Asked on January 8, 2013 under Estate Planning, North Carolina

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

It is not easy to modify an irrevocable trust, before or after the death of the person who set it up.  However, most states, including Florida, permit it under some circumstances.  I do not know how South Carolina treats this situation but I would imagine there are some circumstances that would allow the trust to be modified or terminated.  You will definitely need a South Carolina attorney to assist is you wish to attempt this.


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