Q: Ein change from IRRevocable to Revocable
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A:
Converting an irrevocable trust to a revocable trust is generally not possible under California law. The fundamental nature of an irrevocable trust is that it cannot be modified or revoked after creation.
However, there are some potential options to explore. California's Probate Code Section 15403 allows for modification or termination of an irrevocable trust if all beneficiaries consent and the court determines that continuance is not necessary to achieve any material purpose. Additionally, under Section 15409, the court may modify or terminate a trust if circumstances not known to or anticipated by the settlor would defeat or substantially impair the trust's purposes.
Your best path forward would be to consult with an estate planning attorney who can review your specific situation. They can evaluate whether your circumstances might qualify for modification under California law, and if not, help develop alternative strategies to meet your estate planning goals. Given the complexity of trust modifications, professional legal guidance will be essential for navigating this process successfully.
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