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How Exactly Does One Go About Revoking a Revocable Trust?

The basic steps involved in revoking a revocable trust are fairly simple and include the transfer of assets out of the trust and ♍an official document of dissolution.

A revocable trust is a flexible legal entity/financial structure that allows the individual who creates it, the grantor, to change or remove the tr𒉰ust's assets. The grantor may also amend the terms of the trust or its beneficiaries at any point during their lifetime.

Also referred to as a 澳洲幸运5官方开奖结果体彩网:living trust, a revocable trust is often used to bypass the time andꩵ 💖expense associated with probate to transfer assets to heirs. If using a will instead of a trust, the probate process applies.

During the life of the grantor, income earned by assets is distributed to them. After death, trust property transfers to the 澳洲幸运5官方开奖结果体彩网:beneficiaries.

Key Takeaways

  • A revocable trust, as the name implies, can be altered or completely revoked at any time by the grantor (the person who established it).
  • The first step in dissolving a revocable trust is to remove all the assets that have been transferred into it.
  • The second step is to fill out a formal revocation form, stating the grantor's desire to dissolve the trust.
  • The official revocation declaration must be signed by the grantor, notarized, and, in some cases, filed with a local probate or estate court.

How to Revoke a Revocable Trust

🍎 There are generally three steps involved in dissolving a revocable trust:

  • Step one: Remove all the assets that have been transferred into the trust. This procedure involves changing titles, deeds, or other legal documents to transfer ownership out of the name of the trust.
  • Step two: Create a legal document that states that the trust's creator, having the right to revoke the trust, wishes to revoke all terms and conditions of the trust and dissolve it completely. Such documents, often called a “trust revocation declaration” or “revocation of living trust," can be downloaded from legal websites; local probate courts may also provide copies of them. Consider having a trust and estate lawyer draw your dissolution document up for you or at least review yours to make sure it is correctly worded and meets all the qualifications of your state's laws. Also, if the trust contains a variety of assets, it is often easier (and smarter) to let a qualified attorney ensure that everything has been transferred out of it properly.
  • Step three: The dissolution document should, at minimum, be signed and dated by the trust's creator, with a 澳洲幸运5官方开奖结果体彩网:notary public acting as a witness. If the trust being dissolved was registered with a particular court, the dissolution document should be filed with the same court. Then, you can simply attach it to your trust papers and store it with your will or new trust documents.

Important

Although they avoid probate, revocable trusts are not exempt from estate taxes. Since the grantor retains control of the assets in the trust during their lifetime, those assets are considered part of the taxable estate.

Reasons for Revoking a Trust

People might revoke a trust for any number of reasons. Often, a revocation stems from a life change, such as a marriage or divorce. For example, a trust originally created as a joint document with one's spouse would be revoked because the marriage is ending and the trust terms will no longer apply.

A trust might also be revoked because the grantor wishes to make changes thatꦜ are so extensive that it would be easier to dissolve the trust and create a new one than to try to alter it.

A revocable trust may also be revoked if the grantor wants to change the provisions of the trust completelyꦺ.

Who Can Dissolve a Revocable Trust?

The person who established the revocable trust (the grantor) can𝓡 dissolve it at any time during their life. They are the only person who may do so.

Can a Dissolution Be Legally Challenged?

Dissolving a revocable trust can raise red flags for family members, especially if the grantor is elderly. The dissolution can be contested by those of legal standing under certain circumstances, including when there appears to be undue influence on the grantor, the grantor is mentally incompetent at the time they make changes, or there is misappropriation of funds by the trustee.

Can an Irrevocable Trust Ever Be Dissolved?

It is possible to dissolve an irrevocable trust, but it is much more complicated than dissolving a revocable trust. Typically, it requires the consent of all of the beneficiaries, paperwork that must be filed, and potentially, court approval. What's more, if the irrevocable trust's assets appreciated substantially in value, there can be significant tax consequences when the assets are distributed.

The Bottom Line

A revocable trust can be dissolved by its grantor at any time. There are several steps involved🌄, but the process is not a complicated one.

Common reasons for dissolution include a major life event such as a divorce or the desire to completely rewrite the terms of the original trust.

Article Sources
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  1. Internal Revenue Service. "."

  2. Frost Brown Todd Attorneys. ""

  3. Smith Legacy Law. ""

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