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My father (Grantor) is no longer speaking with creator/beneficiaries (Trustees) of his Trust. They are withholding everything in trust from him. He would like to change Trustees and/or get rid of Irrevocable Trust all together. Is any of this possible? I believe he can have it changed but all Trustees have to be in agreement and that will never happen.
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It is not possible to change an irrevocable trust, that's why its irrevocable. It will be possible however, to remove the existing trustee and have another trustee/trustees appointed. Look in the body of the trust agreement and find the language pertaining to removal and/or replacement of the trustees. You can usually start by asking the trustee to resign voluntarily, and if that is not successful, you can make application to the court for the removal of the trustee.
Answered on Aug 17th, 2015 at 5:48 AM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship