In Oklahoma, irrevocable trusts may be modified by the consent of all the parties, including the grantor. Irrevocable trusts can also be modified by a court, so long as the party petitioning for the modification can prove that the trust contains and error that misrepresents the grantor's intentions. There are other options, such as a procedure called "decanting," which allows for certain modifications of irrevocable trusts.
But by far our favorite way to modify an irrevocable trust is by appointing a trust protector. Trust protectors are independent parties named in a trust who have specifically delineated authorities to modify the trust for limited purposes - such as filling trustee vacancies, directing trust investments, modifying certain beneficial interests, and even amending the trust for tax purposes or other changes in the law.
The great thing about trust protectors is that they may act even if the grantor is incapacitated or deceased (at which time modification by consent would be impossible), they do not have to rely on a mistake in order to modify the trust (the way a court would), and they don't have to change the situs of the trust and create a new trust (as in decanting).
With an irrevocable trust in Owasso, the grantor cannot revoke, amend, or restate the trust once it is executed. That does not mean that it can't be changed. It just means the grantor isn't the one who can change it.
Irrevocable trusts are used for asset protection, which can take several forms. Maybe you are trying to reduce the size of your taxable estate to save assets from federal and state estate and inheritance taxes. Maybe you are in a high liability industry and want to protect your assets from lawsuits and judgment creditors. Maybe you appreciate your privacy and want to protect your assets in other ways. And maybe you are trying to qualify for certain benefits, such as Medicaid or VA Aid & Attendance, and you want to protect certain assets from being spent-down for eligibility purposes.
A revocable trust in Owasso cannot provide this kind of asset protection for the grantor. In order to get this type of benefit, your trust must be irrevocable. Not all irrevocable trusts are the same. There is no "one size fits all" with this type of planning. Different types of trusts protect different types of assets. It is important not only to create an irrevocable trust, but also the right type of irrevocable trust
Laurel and Riley Carbone Kern founded Tallgrass Estate Planning, LLP in 2016 in their home in Tulsa, Oklahoma. Their goal was to create a different kind of law firm - one that reaches out to people who are routinely overlooked by traditional law firms or people who are hesitant to work with traditional firms. Tallgrass Estate Planning has grown into a full service, home-based, family-oriented law firm in Owasso, OK that focuses exclusively on estate planning and elder law.
Business Structures
Limited Partnerships, family Limited Liability Companies, and others
"Family Bank"
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Foreign Asset Protection Trusts
See MoreHybrid domestic and foreign asset protection trusts
Spousal lifetime access trusts
Other Irrevocable Trusts