Thursday, June 26, 2014

I have a living trust in CA, am the Settlor and wish to cancel the trust. How do I do it?

Question

I have a living trust in CA, am the Settlor and wish to cancel the trust. How do I do it?



Answer

I assuem this is a revocable trust. The trust instrument itself should have detail as to how you can revoke the trust. Once revoked, you must also transfer each asset placed into the trust out of trust by deeds, changing account titles or otherwise.

You might find it helpful to discuss with an effective estate planning attorney why trusts are used, the consequences of revoking the trust, and the methods of reconveying title.

If this is an irrevocable trust, you likely are not able to revoke it.



Answer

Mr. Christian's advice is sound and you should follow it.



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