Legal Question in Wills and Trusts in Florida

I made an "Irrevocable Trust" of my property before I re-married for my son. My son does not speak to me at all and I am concerned about the trust. Is it possible for me to change it?


Asked on 7/26/11, 12:10 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Without his consent you may need a court order. The change of circumstances may suffice.

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Answered on 7/26/11, 12:58 pm
William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

Unless son consents, then Irrevocable Trust is hard to change after it triggers. U may have to bend the rules somewhat depending on the circumstances. I had one where the beneficiary was to have discretionary withdrawal powers during her lifetime; on her death the balance went to charities. We withdrew all the money except $1.00 which we left in the trust to be split among the charities. Legal and it worked. Need to read the trust doc. and put on thinking cap.

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Answered on 7/26/11, 2:12 pm


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