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Loren, Attorney
Category: Legal
Satisfied Customers: 34034
Experience:  30 years experience representing clients.
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Can an Irrevocable Trust be broken after the beneficiary is

Customer Question

Can an Irrevocable Trust be broken after the beneficiary is married?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Maryland-Prince George's County
JA: Has anything been filed or reported?
Customer: The trust is on file; but there have been repeated failures by the involved bank and Trustee to pay bills in a timely fashion. It seems safer to dissolve the trust to prevent the continuation of such unprofessional behavior. ***@******.***
JA: Anything else you want the lawyer to know before I connect you?
Customer: After being forced to enter this trust my SSI Benefits were " suspended indefinitely on 02/12/14 and have not been restored "; now that I am married I will not be able to collect them.
Submitted: 8 months ago.
Category: Legal
Expert:  Loren replied 8 months ago.

I am Loren, a licensed attorney, and my goal is to answer your question and provide you excellent service.

Expert:  Loren replied 8 months ago.

I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Unfortunately, they are called "irrevocable" for a reason. In order to break an irrevocable trust, as a general rule, you would need a court order. The court order requires the consent of the trustee and all benficiaries.

If the trustee is not meeting the performance requirements in the terms of the trust then they may be in breach of their fiduciary duties. You can sue them for that, but the court would not break the trust over that. They would just replace the trustee.

I am sorry. I wish I could tell you otherwise.

Expert:  Loren replied 8 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Expert:  Loren replied 8 months ago.

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!