question mark

Create a second trust and the first is revoked? It doesn’t work that way.

A common question was presented to a column about trusts, according to the NWI Times in “Can an individual establish more than one trust?“. The question was if a second trust wipes out the first trust.

The confusion over trusts is often created because most people are more familiar with the law of wills and a person cannot have more than one will. Creating a new will can be an automatic revocation of any previous wills, if it is validly executed. However, trusts are not set up the same way.

It is possible for a person to have more than one trust. It is not uncommon when people want to accomplish different things with different trusts. However, the assets put into the trusts cannot be the same and most people have no reason to have more than one trust. What most people seek to accomplish with a trust, can best be done with a single trust.

Whether and how a trust can be revoked, depends on what type of trust it is. Some trusts are created to be revocable at any time, but an attorney should create the trust.

Other trusts are created to be irrevocable. Sometimes they can be revoked but there are often tax penalties for doing so. It is usually advisable to amend an irrevocable trust where and how state law allows.

An estate planning attorney can advise you on creating an estate plan that fits your unique circumstances and could include a will and a trust.

Reference: NWI Times (Feb. 18, 2018) “Can an individual establish more than one trust?

For more information on asset preservation and estate planning, please visit my estate planning website.

Mr. Amoruso concentrates his practice on Elder Law, Comprehensive Estate Planning, Asset Preservation, Estate Administration and Guardianship.