Legal Question in Wills and Trusts in Massachusetts

Re: undoing a trust

The creator generally cannot change his mind, but there may be a loophole built into the trust instrument that would allow it. The title of the trust is not solely determinative of the status. If there is such a loophole (i.e., donor reserves the right to withdraw the property or revoke the trust), then the trust should not have been treated, for example for tax purposes, as an irrevocable trust, in spite of the name of the trust. It happens.

The trustee's obligation is to act in the interest of the beneficiaries. Often the donor is only one of the beneficiaries, and in a well-drafted irrevocable trust, he is typically not the only one. Even if he is, though, there could be a reason why one would establish an irrevocable trust, such as creditor protection (to protect the assets from "attack" by a creditor, perhaps someone bringing a law suit). Such a trust will not permit the donor to withdraw at his own discretion without at least an independent trustee and probably an adverse trustee (someone who stands to lose money by dishing out money to the donor / beneficiary). (This restriction is typically done actually for the donor's benefit.)

There are many, many possibilities. Fax me the document itself if you have a copy and I can give you a specific answer. I'd need to know who you are in this, though: the donor, a beneficiary, the trustee, or perhaps a possible future heir.

There are cases where I've had to play "trust-buster"; a perfect valid irrevocable trust needs to be 'revoked' and I can do so under court supervision. It's a matter for an experienced trust lawyer to do that.

My fax number is (617) 527-1763.

Re: undoing a trust

In general you cannot revoke an irrevocable trust.

I agree with attorney Shea & Williams that the trust would have

to be examined by an attorney to see whether the trust assets could be

distributed by the trustee.

And, If all interested parties agree, you may petition the court to revoke the trust and distribute the proerty

This could be difficult if the trust is set up for minors or people yet to be born.

In any event you should consult an attorney to review the terms of the trust.

Call if you are in the north shore area. I offer a free consultation 978 465-5158

Re: undoing a trust

The term "irrevocable" should tell you all you need, however, remember, the "trustee" can dispose of all the assets of a trust, depending on the trustee powers and transfer them to the original grantor.

More info is needed to make a complete response, but this might get you started.