Legal Question in Wills and Trusts in Florida

Re: How to undo a Irrevocable Trust

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She needs to meet with a qualified attorney who can read the terms of the trust and then advise your mother of her legal rights and obligations. There probably will be a way to undue the damage, but without reading the trust instrument, no attorney will be able to provide any valid advice.

Scott R. Jay, Esq.

Re: How to undo a Irrevocable Trust

DISCLAIMER: This communication is not intended as and should not be interpreted as legal or professional advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

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Sounds like a QPRT (qualified personal residence trust). There is likely not a way to undo the trust. However, a qualified would need to evaluate the trust's terms. Notwithstanding, achieving your goals of allowing your mother to continue to live in the house and avoiding increased taxes may still be an option. Please contact a qualified attorney.