Legal Question in Wills and Trusts in Florida
Irrevocable trusts
Can an irrevocable trust ever be changed?
The person entered into an irrevocable trust,
naming her son, her only child, to inherit her estate and named me to be her guardian (sibling). She has since become totally incapacitated and the heir took me into court claiming guardianship but I was given the court-appointed guardianship. The heir has seldom visited his parent in the last 5 yrs, basically disowning her.
Is it possible to change the irrevocable
trust and give the estate to charity?
1 Answer from Attorneys
Re: Irrevocable trusts
Q: Can an irrevocable trust ever be changed? Is it possible to change the irrevocable trust and give the estate to charity?
FACTS: irrevocable trust names son, an only child, to inherit estate. Settlor has since become totally incapacitated. The heir has seldom visited parent in the last 5 yrs.
A: Not if the son continues to live and not under the circumstances you describe. If the son dies then the court would have to find the intent of the Settlor and carry it out. This MIGHT mean giving the bal. of the estate to charity if that is how her trust or will reads.
William W. Fernandez
William W. Fernandez, Attorney at Law
250 Panama Road East
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