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

Related Topics:
1 Lawyer Answer
Jammie Taire
Jammie Taire
  • Estate Planning Lawyer
  • Snellville, 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.