What can void an irrevocable trust?

Asked over 1 year ago - Eau Claire, WI

What can void an irrevocable trust?

Attorney answers (3)

  1. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Court Order.
    The best reasons are:
    1 Not fit for purpose it was created.
    2 Fraud, duress, or undue influence
    3 Agreement of all the beneficiaries.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  2. Mark A. Jinkins

    Contributor Level 12

    3

    Lawyers agree

    Answered . Agree with other attorney answer, but #3 also requires consent of the settlor; see Section 701.12 of the Wisconsin Statutes.

    Also court has discretion to terminate trusts where property has less than %50,000 in value - See Section 701.13; read entire Chapter 701 of the Wisconsin Statues for other possible arguments.

  3. Eric Jerome Gold

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . My colleagues have provided you with quality advice. I would add that it might make sense for you to consult with a local trust attorney to explore your particular circumstances. After such an exploration, you will be better informed.

    ** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client... more

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