Can An Irrevocable Trust Be Revoked?

This edition of the Koldin Report E-Newsletter is part of a series on questions we received from our "contact us" form on our website about Elder Law, Estate Planning and Medicaid.

All prior newsletters are saved on our website. You can read them by clicking here.

In this newsletter we answer the following question posed by a visitor to our website:

If I set up an Irrevocable Trust, can I cancel it later?

Yes, an Irrevocable Trust can be canceled or changed. However, you cannot revoke an Irrevocable Trust by yourself. New York law specifically allows an Irrevocable Trust to be revoked or modified by all interested parties.

You do not reserve the right by yourself to revoke your Irrevocable Trust. Since you cannot revoke the Irrevocable Trust by yourself, your Trust is protected from a Medicaid Agency forcing you to revoke your Trust and take back your life savings to use towards the cost of care.

Since you cannot revoke the Irrevocable Trust by yourself, the assets that you transferred to your Trust are protected.

New York law defines interested parties as the Grantors of the Trust and the Beneficiaries of the Trust.

For most of our clients, the interested parties to an Irrevocable Trust are the parents who create the Trust and the children who are the beneficiaries of the Trust.

Depending how the Trust is written, this means that the parents and children together can revoke an Irrevocable Trust.

For more information about Irrevocable Trusts, please see our website by clicking here.

At the Koldin Law Center, P.C., located in East Syracuse, New York, we have over 50 years of experience helping individuals plan for immediate crisis and long term care. Our attorneys are available to discuss your estate planning options, including the advantages and disadvantages of Revocable Trusts and Irrevocable Trusts, along with other estate planning considerations including a Will, Power of Attorney, and Health Care Proxy. We do not charge a fee for the initial consultation. We welcome your children, family attorney, accountant, and/or financial planner to be present at the initial consultation.

There is something you can do.

Our Attorneys are available to speak to your organization

Our Attorneys speak to groups throughout New York State as a public service. If you would like to arrange for one of our Attorneys to speak to your group, please contact our office.

We appreciate your referrals

We have been told by many clients who are in a crisis that they wish they had known about our firm much sooner. We are proud of the many families we have helped in times of crisis.

We are also proud of the many families we helped avoid financial crisis by doing estate planning in advance.

We all share the responsibility for making our family and friends aware of the planning options available to them.

Your referral to the Koldin Law Center could make a major difference in the lives of your family and friends if they are someday faced with a long term illness.

Remember that the Koldin Law Center offers many services for clients of all ages. Our services range from basic estate planning such as a simple will to complex estate planning including asset preservation planning.

THERE IS NO FEE FOR THE INITIAL CONSULTATION