can an irreversable trust be reversed in the state of Ohio?

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can an irreversable trust be reversed in the state of Ohio?

The need to change trust due to mental condition of trustee

Asked on February 18, 2019 under Estate Planning, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, as the term "irreversible" means--though "irrevocable," or cannot be revoked, is the more common term--the trust cannot be modified or undone.
However, if a trustee is mentally incompetent, a person with an interest in the trust (e.g. a beneficiary) may bring a legal action to have the trustee removed and another trustee appointed. Such an action is much more procedurally and legally complex than, say, suing in small claims court: a beneficiary wanting to do this should retain a trusts and estates attorney to help.


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