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Is a New York Trust Revocable or Irrevocable by Default

A New York trust is irrevocable by default.  NY EPTL § 7-1.16. However, it is still a good idea to not leave the issue hanging in the air and to instead specify if a trust is revocable or irrevocable.

Even an irrevocable trust is only irrevocable if there is no consent of all the parties involved. It can be revoked with a written consent of all the parties involved, including grantors, trustees and beneficiaries. If some of the parties are not available or are minors, contact a New York estate attorney.

Even a trust that is expressly stated to be revocable becomes irrevocable upon the death of the settlor/grantor, the person who made the trust.


Call the Law Offices of Albert Goodwin at 718-509-9774, New York estate, guardianship, wills, trust, medicaid and probate lawyer, and make an appointment to discuss your trust.