Legal Question in Wills and Trusts in Georgia
can you break a irrevocable trust with the consent of trustee and all benefactors
2 Answers from Attorneys
No one who hasn't read the trust language can possibly answer you. The answer is a lawyer would need to see the trust, and it may be yes and it may be no. There is no way to figure this out without sitting down with a lawyer.
I have to agree. The whole purpose of an irrevocable trust is that the essential trust terms cannot be changed. However, there re some things which can be changed - like place of trust administration, the appointment of a successor trustee or even a decision to end a trust, like where there is no longer any trust property to be administered. Unfortunately, one needs to not only see the trust but to know what is trying to be accomplished and what needs changed. One also has to know what law governs the administration of the trust and review the applicable state trust statutes and caselaw. This is not a question you ask on a public bulletin board. You are going to have to pony up and get a probate/trust attorney.
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