I hope this message finds you well, present circumstances excluded. An irrevocable trust cannot be altered except by the person establishing the trust, or by order of a court dependent on circumstance surround the trust. A court order altering such a trust would be very, very rare and would likely have to revolve around illegalities relative to the establishment of the trust.
Also, a trust is not valid unless properly executed. As such, if a trust is drafted and not signed, it never goes into effect...it is as if it never existed, unfortunately.
In the present case, since the trust was improperly written and thus not signed, it has no legal bearing or significance and cannot be enforced.
Just to clarify, since my mother established the trust, she can change it, correct? The lawyer set up everything as share and share alike between I and her husband, but he was only supposed to get half of the two house bought after the marriage with the right to live in if he could continue the payments should he outlive my mother. Both are over 75.
The trust papers were never signed, however, a tax return was filed for 2010. Does this do anything to the legality of the trust?
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