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RobertJDFL
RobertJDFL, Attorney
Category: Estate Law
Satisfied Customers: 15771
Experience:  Experienced in multiple areas of the law.
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Can a US living trust be voided now since moving to canada.

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Can a US living trust be voided now since moving to canada. What to leave estate by deeded gifts here in canada
JA: Estate laws vary by state. What state are you in?
Customer: Florida to bc Canada
JA: What documents or supporting evidence do you have?
Customer: Old living trust to be voided then creating new deed of gifts
JA: Anything else you want the lawyer to know before I connect you?
Customer: How does the lawyer contact me
Customer: replied 11 months ago.
Can living trust be voided by writing void on all pages? I read this can be done.
New deed of gifts to be drawn up by attorney. Don't want any probate issues in Canada. I understand this will be the best way to do so.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Good evening,

Yes, you can terminate a revocable trust at any time so long you are competent to do so. If you have transferred any property into the trust, you'll want to make sure to transfer it out of the trust (as merely revoking the trust will not accomplish this automatically). While you can simply write "revoked" on each page, what I would suggest is that you use a revocation like the one below, and sign it in front of a notary, and attach it to the trust itself and keep them together.

REVOCATION OF THE ***** ***** REVOCABLE LIVING TRUST

I, ***** *****, hereby revoke the ***** ***** Revocable Living Trust, created by Declaration of Trust signed August 18, 20xx, according to the power reserved to me by Part _____ of the Declaration of Trust.

All property held in the trust shall be returned to the grantor.

_____________________________________ Dated: ______________

***** *****, Grantor and Trustee

Certificate of Acknowledgment of Notary Public

State of _____________________

County of ____________________

On __________________, before me, _________________________, a notary public for said state, personally appeared _________________________, proved to me on the basis of satisfactory evidence to be the persons whose names are ***** ***** the within instrument, and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument.

Witness my hand and official seal.

_____________________________________

NOTARY PUBLIC _____________________

My commission expires __________________.

Customer: replied 11 months ago.
Properties were sold and all monies are now in Canada

Okay, then if there is nothing in the trust, then you can either use your method and write "revoked" on the trust itself, rip it up, burn it, or use the revocation form like the sample I gave you. Any of those options would be acceptable.

RobertJDFL and 3 other Estate Law Specialists are ready to help you
Customer: replied 11 months ago.
Are you available to call me. Or tomorrow ?

Did you request a premium service? It shows on my screen as "agreed" but since the site opens it up to all available experts, any available legal expert could have agreed to call you. I didn't even see the request, which suggests that another expert accepted it before I could, but they should have called you after your request?

Customer: replied 11 months ago.
No one has called me. I was requesting you. Where are you located ?

I'm a Florida licensed attorney (though I can tell you that termination of a revocable trust is something standard among states).