In the case where a trustee or qualified beneficiary seeks judicial modification to an irrevocable trust, several steps must be taken:
- The trustee or qualified beneficiary must file a formal court pleading in a circuit court describing the circumstances that justify the change by the court.
- All parties involved with the trust must be given notice of the change being regarded.
- The parties involved (which include the trustee and current and future beneficiaries) must be given an opportunity to object or consent to the proposed judicial modification to the trust.
- If there is an objection, then a court hearing is held to evaluate the merits of the requested change in light of the objection.
- If the judge approves the proposed change to the trust then an order will be entered by the court to modify the trust and its terms.
To explore your options for changing an irrevocable trust through a judicial modification, contact Bach, Jacobs, & Byrne at (941) 906-1231.
