Asked in Estate Planning for Georgia

Q: Can a trustee use funds from an irrevocable trust to create a new irrevocable trust for a different beneficiary?

I am the sole beneficiary of a 15 year old irrevocable trust and I believe the assets were recently moved into other brand new irrevocable trusts with new beneficiaries. (The grantor is the trustee) If the trustee has no other funds to reinstate my trust assets are the newly created irrevocable trusts protected from my claim ?Washington state

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1 Lawyer Answer
Jammie Taire
Jammie Taire
PREMIUM
Answered
  • Estate Planning Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: This can be considered a difficult and loaded question without the benefit of looking at the language in the trust. As a general answer, I will say that this is possible. It is called decanting. If you are concerned about the trustee you may reach out to the trustee or consult with an attorney so they can review the trust for you.

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