I HAVE A REALTY TRUST, HOW DO I TELL IF IT IS REVOCABLE OR IRREVOCABLE, THOSE WORDS ARE NOT ON THE TRUST PAPERS
In contrast to a revocable trust, an irrevocable trust is one in which the terms of the trust cannot be amended or revised until the terms or purposes of the trust have been completed. Unlike a revocable trust, assets transferred to an irrevocable trust cannot be changed or dissolved by the Grantor once it has been created. The Grantor no longer owns the assets. With an independent trustee, you generally can’t remove assets, change beneficiaries, or rewrite any of the terms of the trust.
An irrevocable trust is a written document where, by its own terms, it cannot be altered after it is established. The trustee must follow the instructions in the trust, not those of the people who wrote and funded the trust; those who established the trust no longer control the funds. If you are unable to determine whether the trust is irrevocable by reading the terms regarding changes or termination, we suggest you consult a local attorney who can review the documents involved.