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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35370
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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Our father has an Irrevocable trust set up brother and

Customer Question

Our father has an Irrevocable trust set up for my brother and my self until his death. We need to have him sign over the trust to us to take care of him before his death. This includes financial:banking and investments unknown value at this time. Which has come impossible for him to do by himself. Can we find a simple form to go about this. Or draw up one by ourself?
Submitted: 1 year ago via LawDepot.
Category: Family Law
Expert:  LawTalk replied 1 year ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
Unfortunately, there is no easy way to modify an irrevocable trust in FL while the Grantor is living, and certainly not with a simple form. The information you received from the bank is incorrect.
It is necessary to file a Petition with the Probate Court to modify or reform the trust. You will almost certainly need a seasoned Probate attorney to assist you in the Petition and court hearing. You as a beneficiary have the right to petition the court for the modification. Here is an article on the process you are looking at:
http://www.floridaestateplanninglawyerblog.com/2015/06/how-to-modify-an-irrevocable-trust-in-florida.html
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you so that I can be compensated for helping you.
I wish you and yours the best in 2015,
Doug