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Frozen assets in a revocable trust.

Clovis, NM |

My grandfather was just notified that the beneficiaries on the other side of the family have gotten together went to his lawyer and froze him out of the account, Can this be done since he is the grantor and the trustee. does he just need to revoke the trust at this point. And can this type of stress which sent him to the doctor with chest pains be deem an attack on his health. his wife passed a few years ago and her kids are not happy with the way he has been spending the money(a new girlfriend)they think he is wasting money. I told him to revoke it and teach them you is in control. All they want is the money. I told him to spend it all and have fun, after all its his money now. So any advice on why or how they could lock it up. My thought is they are trying to get him labeled incompetent

He told me that it was a revocable trust but im not privy to the particulars in living trust. I will get with him to change lawyers and get it taken care of.

Attorney Answers 2


  1. Best answer

    It is not clear from your facts whether the trust is revocable based on the other persons conduct. However, if it is revocable he would normally have the power to terminate the trust. He needs to get with an estates attorney TODAY to see what his legal options may be and to also amend his will, trust and other estate planning documents. Help him NOW; do this TODAY.

    Hope this helps.

    Please remember to designate a best answer to your question.

    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.


  2. There is not enough information in your question to adequately answer and this would not be the forum to analyze the trustee's duties under the specific terms of the trust. However, it is clear that your grandfather should seek legal representation immediately.

    If he is trustee, he has certain responsibilities under the trust and he should have guidance in what those duties are. If he violates those duties, he can be sued and surcharged. Certainly if other beneficiaries are moving against him in a legal manner, your grandfather needs legal assistance to determine what his options and potential liabilities are.

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