Orleans, MA asked in Estate Planning for Massachusetts

Q: Irrevocable Trust terminates upon death of beneficiary - no progeny. Can it be broken during lifetime of beneficiary?

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1 Lawyer Answer
David E. Peterson
David E. Peterson
  • Estate Planning Lawyer
  • Burlington, VT
  • Licensed in Massachusetts

A: Whether or not the trust can be broken depends upon the terms of the trust itself, and the intent of the Grantor. If the terms of the trust indicate that it was the Grantor's intent for the trust to be broken in your situation, then it is likely possible. However, it is doubtful that such intent could be gleamed from the "four corners" of the trust document. It is impossible to go into more specifics without seeing the trust.

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