Can an irrevocable will be broken

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an irrevocable will be broken

Q My father-in-law has the bank that’s
managing his trust as the trustee after
he dies and not my husband.
I find this unconscionable. He doesn’t
even trust his one and only child to
become the trustee after his death.
After he dies is there any way we can
break up the trust? Any help you can
give me would be greatly appreciated.
As you can tell, I’m really disappointed
in my father-in-law’s decision to have
the bank as his trustee after his death
and not my husband.

Asked on February 7, 2017 under Estate Planning, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Only if you could show that the trust was created as the result of fraud (a material, or important, lie made to your father-in-law, to induce him to set up the trust; e.g. the bank or a bank officer lied to him to get him to do this), as the result of outright criminal acts (such as identity theft, forgery, extortion, etc.), or that your father-in-law was not mentally competent when he created it (such as due to dementia) could you "break" the trust (i.e. void it). Otherwise, an "irrevocable" trust is just that--irrevocable. It cannot be revoked, not even by the person who created it, and whether or not it is unconscionable is irrelevant.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption