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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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