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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 115497
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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I am in Ohio. I am writing mother. She did an irrevocable

Customer Question

I am in Ohio. I am writing for my mother. She did an irrevocable trust. Can it be reversed? We are having huge problems with her lawyer.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that an irrevocable trust means just that, irrevocable. Now, it can be modified by the grantor to add property or change beneficiaries or terms, but it cannot be terminated in general. In order to terminate an irrevocable trust, there has to be agreement between the trustee and beneficiaries that the trust can no longer serve the intended purpose and then it has to go to court and present the reasons to the judge to terminate the trust (this is not something easily done I am afraid).
The grantor of the trust though can always seek out a new attorney to take over if they are not happy with the current one.
Customer: replied 1 year ago.
well i think the lawyer s=did something shady in the set-up of the trust. That is why I am asking.
Customer: replied 1 year ago.
the deed of the house and some information seems prefacing the trust being made seems inaccurate.
Customer: replied 1 year ago.
I don't understand. Does this service provide interaction?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply. We experts will interact with customers and respond to them, but as we are working with multiple customers at one time it can take a little time to respond. We appreciate your patience.
You cannot just terminate an irrevocable trust though, with the narrow exception as I said above. If the attorney did something wrong she can go to another attorney, but once the trust is formed and signed and property placed in trust then irrevocable means just that under OH law.