How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37855
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
19958803
Type Your Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

I have had an irrevocable trust years it was grandson.

Customer Question

I have had an irrevocable trust for six years it was for my grandson. however my circumstances have changed and one of my trustees has broken her part of the agreement, she was supposed to live in the home and take care of my grandson, she moved to south carolia a tear ago and remarried. I decided to sell my house and buy a trailer in south Carolina so my son who is the other trustee will have the care and control over my grandson, can I as the owner of the trust change or amend the trust and how can I go about doing thar?.
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: this is in north carolina
JA: Have you consulted a lawyer yet?
Customer: yes two lawyers
JA: What advice did they give you?
Customer: he said it could be changed but may take a long time to get on the docket
JA: Is there anything else the Lawyer should be aware of?
Customer: everyone is in adreement that it would be the best thing there are two trustees
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

can I as the owner of the trust change or amend the trust and how can I go about doing thar?.

.

An irrevocable trust is by its very nature...irrevocable. However, in certain situations, an irrevocable trust can be amended or revoked with a probate judge's approval. One of these situations is if a material change in the underlying reason for the creation of the trust has occurred. So if the purpose of the trust has been frustrated by one trustee moving away and breaking her agreement, then this could serve as grounds to have a judge order that the trust be amended so that the purpose of it can be achieved.

.

This is something that would require you to hire a local probate law attorney to file the motion and petition to have the probate judge issue an order allowing the trust to be modified and setting out all the legal arguments that would support the request.

.

So yes, it can be done, but it is not a situation where you file a template form and submit it to the judge..

.

.

thanks

Barrister