Atlanta, GA asked in Estate Planning for Georgia

Q: Can a trust be changed if terms were not applied properly?

My husband had a minors trust that ended when he turned 21 at which time his trust terms indicated that he had a right to terminate the trust and receive all funds from it. He does not remember ever being informed of this, and the terms basically say that he had six months to apply his right of termination after his 21 birthday or else all the funds would stay in that (irrevocable) trust with all its original constraints. In addition to this, for the past 15 years (since the minors trust ended), he has not been provided with any information regarding the terms of the trust, accounting documents, or any distributions at all.

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1 Lawyer Answer
James Clifton
James Clifton
  • Estate Planning Lawyer
  • Fayetteville, GA
  • Licensed in Georgia

A: In order to determine what rights your husband has, it would be necessary to review the full terms of the trust. If the trust is governed by the laws of the State of Georgia, it is possible to terminate, amend, or otherwise modify the trust with the consent of all of the beneficiaries. Schedule a free consultation to ensure your rights are protected.

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