Establishing a trust can be an excellent way to pass assets from one person to another. Although there are many other reasons to use a trust, the situation that most people are familiar with is using one to provide money or other property to an heir. However, there are some cases in which one may want to revoke or break a trust.
Types of Trusts
There are many different types of trusts. For the purposes of this topic, there are two important categories: revocable and irrevocable. Despite the seemingly opposite names, the rules governing when each can be broken are not as dissimilar as one might expect. There are circumstances in which an irrevocable trust can be broken and ones in which a revocable trust can’t.
Find the Rules
The trust deed may allow different circumstances in which the trust can be broken. The most common situation is that the trustee can unilaterally break the irrevocable trust with the consent of the beneficiaries. Typically, the grantor cannot, hence the name. The beneficiaries will likely need to provide written consent.
There may be some circumstances under which the trustee cannot break the trust. For example, if the beneficiaries have taken an estate loan against the trust. In that case, the creditor would have some legal rights that may prevent the trust from being broken.
At this point, it is often necessary to transfer the assets into a new, revocable trust. This trust can then be immediately revoked. This workaround may seem strange but it is sometimes necessary, depending on the state laws and the rules of the trust.
To dissolve the trust, you will need to petition the court. Typically, legal justification is needed to take this step. Depending on the circumstances, this can be challenging. Mental incompetence of the grantor at the point that the trust was created is one reason. Another possible reason is that the goals set forth in the trust deed cannot be achieved. This latter justification is most common with philanthropic trusts.
Can an Irrevocable Trust Get a Loan?
Yes, an irrevocable trust can get a loan. In some cases, this may enable you to achieve your financial goals without breaking the trust. However, keep in mind that taking a loan against the trust may make it difficult to break the trust if that is what you want to do.
Learn More About Trusts
Using trusts can be a great way to have better control of financial assets, especially when transferring the assets between two parties. Among other benefits, trusts avoid needing to go through probate when leaving assets to a descendant or other beneficiary. However, trusts are not without rules and requirements.
Understanding the potential of trusts as well as their restrictions can help you to make better financial decisions. In particular, make sure you know the rules where you live. From breaking and transferring trysts to getting hard money loans Los Angeles residents have different laws to deal with than New Yorkers. Discover more about using trusts to be prepared to use your trust to its fullest.