How To Break a Living Trust?

by J T B
(Oakland County, MI )

Trust was set up by Grandma for Daughter and 3 now adult children. Mom has passed. Children were told Trust would not be the 3 kids have very different levels of need..but stay as one.

The executor of the trust is an would have to call him and let him know what you needed the funds for...and he would decide if you got the money. This is how it was set up for our mom, and we do not feel he worked in her best interest....

We want to dissolve the trust, we are the surviving beneficiaries. Would we have to go to court to break the trust? We just want to cash it out and divide it three ways.

This is in Michigan by the way.


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Jun 27, 2011
It's tough to revoke an irrevocable trust
by: Mo Johnson

Since the grantor has passed away, the trust has become irrevocable and thus harder to revoke. However, not impossible.

Probably the best thing to do is convince the trustee (the attorney) that the purposes of the trust are no longer best served with him as trustee and it would be better to terminate the trust and distribute the assets.

If all beneficiaries and the trustee agree on that, then file in court (probably probate court, but the attorney will know) to have the trust terminated.

Of course, as always, this is not legal advice and you should consult a local attorney.

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