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Modifying or “Decanting” Irrevocable Trusts
Despite the best efforts of drafters to contemplate unforeseen circumstances, situations arise where dispositive trust provisions may not reflect the present circumstances of beneficiaries. If the trust is revocable, and the grantor is alive, the grantor may revoke or amend the trust. However, trusts are often made irrevocable for tax or asset protection purposes. In those cases, revoking the trust, while not impossible, may be extremely difficult, especially if minor beneficiaries are involved. Continue reading →
Posted in Decanting, Estate Planning, Trusts
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Tagged amending trusts, appoint new trustees, asset protection, change trust situs, consolidate trusts, correct drafting errors, decanting irrevocable trusts, Delaware decanting statute, EPTL 10-6.6(b), GST Exempt Trust, modify trustee provisions, modifying trusts, new tax law, new trust, New York decanting statute, NY Tax Law 603(b), procedure for decanting, reduce state income tax imposed on trust assets, spendthrift provision, surrogate, transfer tax, trust beneficiaries, uniform trust code, UTC
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