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What does it take to revoke an irrevocable trust?

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melgarberich

Junior Member
What is the name of your state (only U.S. law)? MN

To make a long story short, my dad and his brother were Trustees on my grandparents irrevocable trust. They were also the beneficiaries. My uncle passed away recently leaving my dad as sole trustee and beneficiary. The problem is that my uncle was the one that wrote up the trust and would never give my dad a copy of it or let him see it so now that he is gone, his kids have the trust and continue to not give it to my dad. They are now saying that they are successor trustees on the trust when they never were before their dad passed away. We are wondering since my dad has never been allowed to see the trust and we dont know what illegal activity has been done since it's conception 27 years ago, can my dad revoke it since he is the only trustee and beneficiary?
 


justalayman

Senior Member
Your father can do what the trust and laws of the germane allow. If he hasn't seen the trust he can't know what it allows. If he is either the successor trustee or beneficiary he has a legal right to have a copy of the trust documents. He can go to court and seek whomever holds them to provide a copy to your father.
 

Dandy Don

Senior Member
What year did the grandparents die? Did your father never think to ask for a copy of the trust (when the grandparents died) or did he just (understandably) blindly accept the uncle's refusal to give him a copy?

What year did the uncle die?

There have been recent changes in Minnesota Trust law (in 2016) that are different from what was required before then and your trust attorney can help you navigate your way through the law.

If your father (or his attorney) does eventually make a written request for a copy of the trust, he may want to consider also asking for a copy of the trust tax returns for each year the trust has been in existence and he or the attorney will also need to look at the trust document to see if there is a provision that exempts the trustee from posting a trustee's bond or if there is no mention of an exemption. If bond is permitted, then your father might have recourse to file a claim for bond if it is proven that uncle misappropriated or stole trust assets.

You will want to consult with a trust attorney as soon as possible.
 
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melgarberich

Junior Member
Irrevokable trust

Thanks for the response! The trust was created in 1990. My grandfather died in 1994 and my grandmother in 2005 (I believe). My father has asked for a copy of it numerous times but my uncle was one that was always in control of my grandparents affairs because he lived closest to them and apparently did not want my dad involved or even knowing what was in the trust so would never give him a copy of it. My dad had a stroke years ago and was afraid of getting worked up and having another one if he had to fight him on it, so he chose to not. My uncle passed away Oct. 2016, so now my brothers and I are having to fight the battle with his kids to get the trust, as my dad is not in good health to do it himself. We have consulted with a lawyer so hopefully we will get it figured out! Thanks for the help!



What year did the grandparents die? Did your father never think to ask for a copy of the trust (when the grandparents died) or did he just (understandably) blindly accept the uncle's refusal to give him a copy?

What year did the uncle die?

There have been recent changes in Minnesota Trust law (in 2016) that are different from what was required before then and your trust attorney can help you navigate your way through the law.

If your father (or his attorney) does eventually make a written request for a copy of the trust, he may want to consider also asking for a copy of the trust tax returns for each year the trust has been in existence and he or the attorney will also need to look at the trust document to see if there is a provision that exempts the trustee from posting a trustee's bond or if there is no mention of an exemption. If bond is permitted, then your father might have recourse to file a claim for bond if it is proven that uncle misappropriated or stole trust assets.

You will want to consult with a trust attorney as soon as possible.
 

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