Legal Question in Wills and Trusts in Florida
My dad is going to change his trust to have my sisters inheritance go towards buyout of other half of her condo which my husband owns. Can rest of siblings or herself contest this?
2 Answers from Attorneys
Revocable trusts, as their name implies, can be altered or completely revoked at any time by their grantor—the person who established them. Irrevocable trusts, however, cannot be modified, amended, or terminated without permission from the grantor's beneficiaries or by court order. The grantor transfers all ownership of assets into the trust and legally removes all of their ownership rights to the assets and the trust. You don't mention what type of trust he has. It sounds like a revocable or living trust if he is trying to change it.
If the donor is mentally competent, a revocable trust can be changed at any time prior to death.