Orlando, FL asked in Estate Planning for Florida

Q: Can I change my Irrevocable trust documents?

At the time of my signing I was under the pressure of a third party law firm. They were suing me for the full value of my S Corporation - a professional medical and surgical facility licensed in the state of Florida. FL 2488. I did not understand the document at that time, as their answers to my questions did not seem to me to pass muster. So I signed, but have not and will not never fund that trust document. Under these unusual circumstances can I now create a trust document that I can better understand and then fund?

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1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
  • Estate Planning Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: No, you cannot go back upstream and re-write the irrevocable trust that you have already signed.

And unless you start funding the trust as agreed the other side will probably sue you to enforce the trust contract.

However, since you object to the funding part it is possible for you to hire an experienced lawyer to advise and help you re-negotiate the funding parts of the irrevocable trust. This revision effort will not be expensive; so search for an experienced lawyer here on Justia and get started--before the sue you.

Theodore David Vicknair Sr. agrees with this answer

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