If I have a revocable Trust attached to a property, what wording do I use to revoke it so that the property can be sold?

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If I have a revocable Trust attached to a property, what wording do I use to revoke it so that the property can be sold?

Asked on June 20, 2014 under Estate Planning, Arizona

Answers:

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

Answered 6 years ago | Contributor

No specific wording other than that in plain language and unequivocable. Here is the statute that applies for the mechanism to revoke.  Here is the statute:

Arizona Revised Statute: 14-10602. Revocation or amendment of revocable trust

A. Unless the terms of a trust expressly provide that the trust is irrevocable, a settlor may revoke or amend the trust subject to any limitations prescribed in the terms of the trust.

B. If a revocable trust is created or funded by more than one settlor:

1. To the extent the trust consists of community property, the trust may be revoked by either spouse acting alone as to that spouse's share of the community property but may be amended only by joint action of both spouses.

2. To the extent the trust consists of property other than community property, each settlor may revoke or amend the trust with regard the portion of the trust property attributable to that settlor's contribution.

C. The settlor may revoke or amend a revocable trust either:

1. By substantial compliance with a method provided in the terms of the trust.

2. If the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by either:

(a) A later will or codicil that expressly refers to the trust or specifically devises property that would otherwise have passed according to the terms of the trust.

(b) Any other writing signed by the settlor manifesting clear and convincing evidence of the settlor's intent.

D. On revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs.

E. A settlor's powers with respect to revocation, amendment or distribution of trust property may be exercised by an agent under a power of attorney only to the extent expressly authorized by the terms of the trust or, if the terms of the trust do not prohibit an agent from exercising powers on behalf of the settlor, to the extent expressly authorized under the power of attorney. If an agent is not so authorized and the terms of the trust do not prohibit a conservator from exercising powers on behalf of a settlor, a settlor's power to revoke, amend or distribute may be exercised by the settlor's conservator with the approval of the court supervising the conservatorship or by the settlor's guardian with the approval of the court supervising the guardianship if an agent is not so authorized and a conservator has not been appointed.

F. A trustee who does not have actual knowledge that a trust has been revoked or amended is not liable to the settlor or settlor's successors in interest for distributions made and other actions taken on the assumption that the trust had not been amended or revoked.

 

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