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How Does One Revoke a Trust?

Posted by Nina Whitehurst | Mar 14, 2018 | 0 Comments

Create a second trust and the first is revoked? It doesn't work that way.

A common question was presented to a column about trusts, according to the NWI Times in "Can an individual establish more than one trust?" The question was if a second trust wipes out the first trust.

The confusion over trusts is often created because most people are more familiar with the law of wills and a person cannot have more than one will. Creating a new will is an automatic revocation of any previous wills.  However, trusts are not set up the same way.

It is possible for a person to have more than one trust. It is not uncommon when people want to accomplish different things with different trusts. However, the assets put into the trusts cannot be the same and most people have no reason to have more than one trust. What most people seek to accomplish with a trust, can best be done with only one.

Whether and how a trust can be revoked, depends on what type of trust it is. Some trusts are created to be revocable at any time, but an attorney should create the trust.

Other trusts are created to be irrevocable. Sometimes they can be revoked but there are often tax penalties for doing so. It is usually advisable to amend an irrevocable trust where and how state law allows.

An estate planning attorney can advise you on creating an estate plan that fits your unique circumstances and could include a will and a trust.

Reference: NWI Times (Feb. 18, 2018) "Can an individual establish more than one trust?"

About the Author

Nina Whitehurst

Attorney at Law Nina has been practicing law for over 30 years in the areas of estate planning, real estate and business law She is currently licensed in Alaska, Arizona, California, Colorado, Oregon and Tennessee. Her Martindale-Hubbell attorney rating is the highest achievable: 5 stars in peer...

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