Legal Question in Wills and Trusts in California

Irrevocable Trust

Is it possible to break an irrevocable trust where funds left by our father for his 3 kids were put in trust when he died, with interest going to step-mom and principle to go to his kids when step-mom died. She is financially comfortable and we have a situation where my brother and I need the funds now more than ever. Step-mom is willing to break the trust so we can access the funds. Is this possible? Also, one of my brothers is MIA...we can't find him. Last we knew he was liviing of the streets and shelters. We would like to leave his third for him in the event he surfaces.


Asked on 4/09/09, 2:36 pm

4 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Irrevocable Trust

You may need a court order for your step mother's protection, Contact me directly.

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Answered on 4/09/09, 4:12 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Irrevocable Trust

You may need a court order for your step mother's protection, Contact me directly.

Read more
Answered on 4/09/09, 4:13 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Irrevocable Trust

You may need a court order for your step mother's protection, Contact me directly.

Read more
Answered on 4/09/09, 4:13 pm
Scott Linden Scott H. Linden, Esq.

Re: Irrevocable Trust

It depends on the terms of the trust if you can break into the principal and distribute it.

There may be a section that allows for invasion of the corpus in emergencies, but I will need to review the terms of the trust to provide a more definate answer.

If you would like to discuss this matter in a more private forum, please feel free to contact me directly at the email provided by LawGuru or through our firmís website located at PasadenaEstatePlanning.com.

Please Note that this answer does not create an attorney-client relationship. The answer is solely based on the information provided.

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Answered on 4/09/09, 7:13 pm


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