Muscle Shoals, AL asked in Estate Planning for Alabama

Q: How can I change an irrevocable trust, or do I have any chance in this matter?

My grandmother's friend left all her money and possessions to my grandmother. My grandmother's friend had a trust (I believe to be an irrevocable trust) in which my grandmother believed would be transferred to her after her death. We have recently found that their are other beneficiaries listed after my grandmother's friend in the trust. Is their any way the trust can be altered at this point, when both the creator and the original beneficiaries are deceased? Thank you in advance for any possible answers.

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1 Lawyer Answer
Jack T. Carney
Jack T. Carney
Answered
  • Estate Planning Lawyer
  • Birmingham, AL
  • Licensed in Alabama

A: It's really not possible for anyone to answer the question without seeing the trust document itself. First, the trust may or may not be irrevocable and further even if it is irrevocable, the terms of the trust may allow a certain amount of flexibility. My advice would be to take a copy of the trust to an attorney in your area and ask for a consultation about your grandmother's rights.

In general, Alabama law does allow changes to irrevocable trusts for certain reasons (for example, if the continuance of the trust would be uneconomical or contrary to the Grantor's intent).

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