What to Know About Modifying/Terminating a Trust in Iowa

As life goes on, there may be circumstances or situations that could prompt the need to grant a modification or termination of your trust. Life happens, and it is important to understand your options when it comes to the modification of your trust. Continue reading to discover the difference between an irrevocable trust and a revocable living trust. Plus, learn when you can modify a trust.

If you are interested in making a modification to your trust, it is essential to gain the services of an experienced estate planning attorney. With their legal knowledge and skill, you will be able to achieve the modification you require without making small mistakes that might go unnoticed without the assistance of a legal professional. Estate planning can be complex and it is important to have someone who thoroughly understands the process in your corner. Contact our firm today to discuss our services and how we can benefit your estate planning process.

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What is a revocable living trust?

A revocable living trust determines how your assets will be handled when you pass such as bank accounts, investments, valuable possessions, and real estate. A revocable living trust is a written document that is created during your lifetime, hence the name: “living” trust. You will place your assets in your trust to be transferred to your designated beneficiaries after you pass. It is possible to modify or cancel a revocable living trust at any time.

What is an irrevocable trust?

An irrevocable trust is a written document that is created where its terms cannot be amended, modified, or terminated without the permission of the grantor’s named beneficiaries. Once the grantor has effectively transferred all ownership of assets into the trust, the grantor has legally removed their rights of ownership to the assets and the trust.

When can a trust be modified?

Revocable Living Trusts: A revocable living trust can be amended or modified as long as the grantor is alive and retains the capacity to amend or change the trust.

Irrevocable Trusts: An irrevocable trust can be terminated if the trust has assets totaling less than $100,000. An irrevocable trust is determined by a trustee without a court order only when the trust has become unlawful, contrary to the public policy, or impossible to achieve.

It is also possible for a court to modify a trust if there is clear evidence of a mistake in the details of the trust. You may also be able to modify a trust to enhance the material purpose, should a situation arise that was not anticipated when the trust was initially drafted. Finally, a trust can be modified by the court when all of the trustees and beneficiaries agree to modify or terminate the trust to the extent that the modification or termination does not interfere with the settlor’s original material purpose of the trust.

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Herting Law, PLLC, is an Iowa-based law firm designed to help with all of your legal needs. If you need a Des Moines criminal defense lawyer, our firm has significant experience in all criminal matters, including OWIs, drug charges, gun crimes, theft, assault, and more. If you need an estate planning lawyer, our firm can guide you through it all, including drafting wills, trusts, and the administration of your estate. We have years of experience with immigration, business, contract, and family law matters. Whatever the situation, Herting Law, PLLC has you covered.