Legal Question in Wills and Trusts in Florida

Yes, is is possible (but not easy) to rescind or modify an irrevocable trust. You must first look to the express terms of the trust to see to ascertain the pupose of the trust and to what extent the settlor (maker of the trust) reserved powers to modify and under what circumstances. Since it appears that the settlor is still alive, the trustee would probably to have to initiate a judicial proceeding to amend or revoke the trust. In that proceeding, evidence must be presented as to the settlor's intent or purposes in making the trust and 1) how the requested modification is consistent with the intent and purposes or 2) current facts have frustrated the original intent and purposes making modification / revocation necessary.

I have used an alternate way to Atty. Shigo's method to "Modify or Revoke" Irrevocable Trusts. Use all the assets for an allowed beneficiary, the settlor. Mtg. any Real Estate; stocks, etc. for the settlor, then have the settlor create a new Trust w/ a new alternate beneficiary.

I think it would be prudent to follow Mr. Shigo's advise. Mr. Fernandez's method is somewhat slippery.