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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 117441
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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I have a Michigan irrevocable trust that was formed with my

Customer Question

I have a Michigan irrevocable trust that was formed with my now divorced wife as a beneficiary with my brother as a trustee. The only item in the trust is a life insurance policy. Trust documents are misplaced and not present. Is it possible to amend the trust and dissolve it in Michigan law and how do I go about the change
Submitted: 2 years ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 2 years 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.
Unfortunately, the term "irrevocable" means just that. In order to dissolve an irrevocable trust, it needs to have first a successor trustee appointed by the court, then the trustee and beneficiaries have to concur the trust no longer serves its intended purpose and make a motion to the court to dissolve the trust.
Even if the trust documents are misplaced, you would have to find them or get a copy from the attorney that drafted them.
If the trust no longer serves its purpose, then the court will order it dissolved, but you will need an attorney and have to file in court to get this trust dissolved in accordance with the MI law.

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