How do you revoke an irrevocable trust?

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How do you revoke an irrevocable trust?

My grandmother, while she was grieving for the death of my mother signed over an irrevocable trust to a supposed “caregiver”. This caregiver had my grandmother, and my aunt sign this irrevocable trust while my aunt was recovering in a hospital room. What can I do to get this trust overturned, thus getting my aunt’s annuity back to her?

Asked on March 23, 2012 under Estate Planning, Arizona

Answers:

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

Answered 9 years ago | Contributor

You need to seek legal help as soon as you can.  The actions of a caregiver in cases like this amount to undue influence and possibly coercion depending on your state statutes.  ou need to have the trust set aside, not revoked.  Revoked implies that the settlor of the trust (your grandmother) wishes to change its term.  That is not what you need to do here.  Good luck.


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