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

UPDATED: Jul 14, 2010

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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


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

Answered 12 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.

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 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.

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