La Mesa, CA asked in Contracts and Estate Planning for California

Q: Can original grantor revoke a living trust after he made five siblings "Equal Joint Tenants as Settlors and Trustees"?

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2 Lawyer Answers

A: If the trust is a revocable trust and the grantor or settlor is living and has capacity, he can, of course, revoke or amend the trust. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

James L. Arrasmith
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Answered

A: The ability to revoke a living trust depends on the terms outlined in the trust agreement and applicable state laws. If the trust agreement does not grant the original grantor the power to revoke the trust, it may be challenging for them to do so unilaterally. State laws and any subsequent amendments or instructions can also affect the revocability of the trust. To obtain accurate advice, it is best to consult with an attorney specializing in trust and estate law.

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