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How to Break a Revocable Trust

Original post by Shula Asher Silberstein of Demand Media

Revocable living trusts are popular estate planning tools. This type of trust allows you to retain control over your assets while you are alive; in addition, you can easily alter the trust if you change your mind. Once you die, the trust becomes irrevocable and no further changes can be made without going through the court system; however, the beneficiaries of the trust can receive their inheritances without going through the probate process.

Step 1

Check your living trust deed. Make sure that it contains a provision stating that the trust may be amended while the grantor is alive. If it doesn't contain this provision, contact your attorney to find out how to amend the trust.

Step 2

Write a letter to the trustee. Include the exact amendment to the trust and your instructions to the trustee for carrying out the amendment. Send the letter by registered or certified mail, return receipt requested.

Step 3

Check your will. If any part of your will now contradicts the amended living trust, change your will to conform to your new instructions.


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About the Author

Shula Asher Silberstein has been writing fiction and nonfiction since 2006. He writes about social issues, especially those of concern to the LGBTQ community. He has written a novel, "Shades of Gay." Silberstein holds a Master of Fine Arts in screenwriting and fiction from the University of Southern California.