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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 37084
Experience:  Texas lawyer for 30 years in Estate law
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I am one of seven beneficiaries on a irrevocable living

Customer Question

Hello, I am one of seven beneficiaries on a irrevocable living trust. My father is passed but mother is still alive. She sold her property and the proceeds are in the hands of the trustees. How do I ask for an early distribution and future exclusion of all trust matters.
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.
Hi and welcome to JA. It is possible here under PA law to terminate a irrevocable trust.
There are several means to do this some without a court petition others with consent of the court.The settlor, the trustee or a beneficiary of a trust may start a proceeding for court approval or disapproval of a proposed trust modification or termination under the sections described, and the settlor of a charitable trust may commence a proceeding for a court modification of an administrative provision under § 7740.3(c).
a. Consensual Modification or Termination of a Noncharitable Irrevocable Trust (§ 7740.1; UTC § 411). A noncharitable irrevocable trust may be modified or terminated under the following circumstances:
(i) upon the consent of the trust’s settlor and beneficiaries even if the modification or termination would be inconsistent with a material purpose of the trust;[8] (ii) upon the consent of the trust’s beneficiaries, but only if a court concludes that the modification or termination would not be inconsistent with a material purpose of the trust;[9] or (iii) without the consent of all beneficiaries, but only if a court concludes that the trust could have been modified or terminated had all of the beneficiaries consented and the interests of beneficiaries who did not consent would be adequately protected.
b. Judicial Modification or Termination of a Noncharitable Irrevocable Trust (§ 7740.2; UTC § 412). A court may modify the administrative or dispositive provisions of a noncharitable irrevocable trust, make an allowance from trust principal or terminate such a trust if, “because of circumstances that apparently were not anticipated by the settlor,” trust purposes would be furthered thereby. A court may modify the administrative provisions of a noncharitable irrevocable trust if continued administration without modification would be impracticable, wasteful or impaired.[10]
c. Modification or Termination of a Charitable Trust (§ 7740.3; UTC §§ 412, 413). To preserve a charitable trust, a court may modify an administrative provision of the trust instrument. A charitable trust having assets of less than $100,000 may be terminated by the trustee with the consent of the Attorney General and all charitable organizations designated by name as trust beneficiaries. A court may, upon application by the trustee or any interested person and after notice to the Attorney General, terminate a charitable trust if the trust’s administrative expenses or other burdens are or will be unreasonably out of proportion to the trust’s charitable benefits.[11]
d. Modification or Termination of a Noncharitable Trust
(§ 7740.4; UTC § 414). A trustee may terminate a noncharitable trust if
(i) the trustee determines that the value of trust assets does not justify the cost of trust administration, (ii) the trustee notifies the trust’s qualified beneficiaries of the proposed termination and (iii) no qualified beneficiary objects to the proposed termination.[12] If a court determines that the value of a noncharitable trust’s assets does not justify the cost of trust administration, the court may modify or terminate, or appoint a different trustee of, the trust.
e. Judicial Reformation to Correct Mistakes (§ 7740.5; UTC
§ 415). If clear and convincing evidence establishes that a trust settlor’s intent, as expressed in the trust instrument, was affected by a mistake of law or fact, a court may reform the trust instrument, even if it is unambiguous, to conform to the settlor’s probable intention. A reformation may be retroactive.[13]
f. Judicial Modification to Achieve Settlor’s Tax Objectives
(§ 7740.6; UTC § 416). To achieve a settlor’s tax objectives, a court may modify a trust instrument in a manner not contrary to the settlor’s probable intention. A modification may be retroactive.
If the other beneficiaries will not agree to this then you have to get the court to consent to it.You will need a local trust lawyer to file such a petition under the law above and have the court agree here and order it.
I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.
Trust lawyer here to file with court or if others were to agree you can do a settlement.
http://www.avvo.com/trusts-lawyer/pa.html
This section here change in circumstances makes termination possible with court approval if you have a specific need based on such changes in your life and these were not anticpated by the settlor(person who set it up)....
b. Judicial Modification or Termination of a Noncharitable Irrevocable Trust (§ 7740.2; UTC § 412). A court may modify the administrative or dispositive provisions of a noncharitable irrevocable trust, make an allowance from trust principal or terminate such a trust if, “because of circumstances that apparently were not anticipated by the settlor,” trust purposes would be furthered thereby. A court may modify the administrative provisions of a noncharitable irrevocable trust if continued administration without modification would be impracticable, wasteful or impaired.[10]

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