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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 10639
Experience:  30 years of corporate, litigation and international law
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I am the trustee of an irrevocable trust in Texas. Is there

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I am the trustee of an irrevocable trust in Texas. Is there any way this can be revoked. The reasons are 1. We no longer retain a working relationship with the creator.
2. The goal of the trust is not being met

The Trust classification states "the creator retains no control over the administration of the Trust and/or the ability to revoke, modify, terminate or change in any manner the Trust Document. The Creator has no sub rosa or other arrangement with The Trustee of the Trust that would cause the Trustee to act at the direction of the Creator. The Trustee shall only act as an independent fiduciary in the best interest of the beneficial Unit holders"

The purpose of the Trust is: To provide for and manage the holdings, assets and endowment funds for its specified beneficiaries.

The goal of this Trust is: To establish a fund for each of its beneficiaries and to ensure that the fund maintains continuity as a growing viable concern

bizlaw :

Hello, I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for. The grounds for terminating or modifying a trust in TX is based on the common law doctrine of deviation. A court can modify or terminate a trust if it determines that compliancewith the terms of the trust is impossible,illegal, impractical or inexpedient, orthat owing to circumstances not known to the settlor and not anticipated by him, compliance would defeat or substantially impair the accomplishment of the purpose of the trust. The governing statute is TX statute 112.054. The court has the power to modify or terminate the trust in a number of different ways. From your post it seems that your issues relate to the trust creator interfering with the trust's activities. However, since the creator has no authority over the trust I do not see why the court would intervene.


bizlaw :

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Hi Jeff,

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