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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7408
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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Do you have experience with breaking irrevocable trusts??

Customer Question

Do you have experience with breaking irrevocable trusts??
JA: What state are you in? It matters because laws vary by location.
Customer: Delaware
JA: Has anything been filed or reported?
Customer: only a will has been created. My parent learned in September, they had only 2-3 months to live with stage 4 cancer. After years of being told, I would inherit, suddenly my parent informed me, he hd a great idea and created a trust, 2 weeks ago... Trust is not funded yet...
JA: Anything else you want the lawyer to know before I connect you?
Customer: I'm terrified, I was preparing to marry, and start a business, that my parent told me, he would fund... now, my father has problems concentratiing
Submitted: 11 months ago.
Category: Legal
Expert:  Irwin Law replied 11 months ago.

The best thing you can do in your situation is to stay in close contact with your father. If necessary, you can act as liaison between him and his attorney with regard to his final document preparation. He may change his mind several times between now and the end. You should at least try to get the will executed as soon as possible.

Customer: replied 11 months ago.
I would like to clarify my question. I was the sole heir, and listed on the majority of assets, mutual funds, and bank accounts. My parent was shocked, and he mentioned, he suddenly talked about his legacy and such. Suddenly, he changed his will only weeks ago. IN the will he created a trust to be funded, after he passes.. I'm shocked, and I feel bad, Im thinking of money, but suddenly the world changed. How difficult is breaking a irrevocable trust in Delaware? There are going to be more taxes, because he told lawyer to sell all the mutual funds instead of transferring to heir, as originally planned.. Im out of luck? I care for my mother in a nursing home. I was preparing to marry and start a business, that my part had previously told me, he would fund. I read that, if all heirs agree, that irrevocable trusts can be broken. Also, I have read it is near impossible to break.?? In delaware.
Customer: replied 11 months ago.
I did attempt to talk with my father, but he has closed the door, on this subject, and told me, he is too sick to do with these things, and I need to live with this situation. Again, Im asking, can I reasonably expect to break a irrevocable trust, if needed??? Do I have other options??