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Can a Irrevocable Trust be changed after spouse dies?

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aftershk

Junior Member
New York,
My father in law was convinced to put home in a irrevocable trust for his controlling second wife's son, she also let her son move into their home and he soon got married and they basically took home over. Now father in laws wife passed away and he feels like a prisoner where the only space he has to himself is his bedroom. Son in law and wife basically act as if the home is theirs. He pays all the bills including taxes and utilities and is totally being taken advantage of. He is in great health at the age of 86, has a new girlfriend but cannot spend any time in the home he purchased. Is there a way for him to get his home back?
My wife and I are sad to see this very kind man so sad because he never wants to be at his home, and at this time he just wants to move out.
Thank You,
Paul
 


LdiJ

Senior Member
New York,
My father in law was convinced to put home in a irrevocable trust for his controlling second wife's son, she also let her son move into their home and he soon got married and they basically took home over. Now father in laws wife passed away and he feels like a prisoner where the only space he has to himself is his bedroom. Son in law and wife basically act as if the home is theirs. He pays all the bills including taxes and utilities and is totally being taken advantage of. He is in great health at the age of 86, has a new girlfriend but cannot spend any time in the home he purchased. Is there a way for him to get his home back?
My wife and I are sad to see this very kind man so sad because he never wants to be at his home, and at this time he just wants to move out.
Thank You,
Paul
You can take him to an attorney to see if anything at all can be done.
 

FlyingRon

Senior Member
Ldij is right unfortunately. An irrevocable trust means that the terms of the trust are unchangeable (even by the grantor). Whether the assets within the trust can be recovered depends on just what the terms of the trust is. The other thing to check is whether the property was indeed properly conveyed into the trust. The death of the wife is not likely to have any influence on this whole thing.
 

curb

Junior Member
Is it possible that there is a misunderstanding and this trust is actually a revocable trust that becomes irrevocable upon death of trustor(s)? Does the trust language approach this subject?
 

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