Decanting An Irrevocable Trust: Are These Trusts Really Irrevocable?

Decanting An Irrevocable Trust: Are These Trusts Really Irrevocable?

If revocable trusts are not irrevocable, could irrevocable trusts be revocable? Under the decanting statute in New York Estates, Powers & Trusts Law (“EPTL”) §10-6.6(n), trustees and beneficiaries of an irrevocable trust can decide to modify the trust without the need for court intervention.

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Author Bio

Adam Katz, the founder and managing partner of Katz Law Firm, PLLC, is a dedicated estate planning, tax planning, and business formation attorney. With a passion for helping clients navigate complex legal matters, Adam leverages his extensive experience to deliver tailored solutions that meet his clients’ unique needs.

Adam’s commitment to professional excellence has earned him recognition from numerous legal organizations, including being elected as an Accredited Estate Planner by the National Association of Estate Planners and Councils (NAEPC) Board of Directors. He is also an active member of the American Bar Association (ABA), New York State Bar Association (NYSBA), and the National Academy of Elder Law Attorneys (NAELA).

Holding a Juris Doctor from Fordham University School of Law and a Master of Laws in Taxation from New York University School of Law, Adam has the knowledge and skills to provide his clients with the highest level of legal service. His dedication to his clients and his profession is evident in his ongoing efforts to educate and inform the public about essential aspects of estate planning, tax planning, and business formation law.

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