Law Offices of Frye & Vazquez, P.L.
Call Today. 305-508-5749 | 877-421-5473

Steps in revoking a revocable trust

A person who has a revocable trust as part of an overall estate plan can revoke that trust at any time. However, the process may not be a simple one. A Florida resident who decides to change an estate plan in this way may want to consult an attorney to ensure that the process is done correctly.

Trusts are complex documents, and the language in them can be hard to understand. This can mean that a trust may look confusing to someone unfamiliar with them even when they are prepared correctly. In one case, a man's parents wanted to cancel a trust they had used for their $2 million estate. They did not revoke the trust. Instead, they began transferring the property back into their own name. Their wills still made reference to the trust. The man wondered it would be sufficient for them to complete a signed, handwritten statement that revoked their wills and the trust and reinstated their previous wills.

The problem with this approach is that revoking a new will does not reactivate the previous will. In most cases, people need to create and sign new wills. They also need a document that revokes the trust. This helps ensure there is no confusion if they forget to remove an asset or die before they finish removing assets.

It is generally a good idea to periodically review wills, trusts, and other estate planning documents regularly even for people who have no intention of revoking them. Beneficiary designations are particularly likely to be overlooked after a major life change, such as a divorce. This can mean that an ex-spouse might end up inheriting a retirement account or other assets since a beneficiary designation overrides wills. Changes in tax law may also mean that an estate plan needs to be revised.

No Comments

Leave a comment
Comment Information

What Our Clients Are Saying

  • I have known and worked with Austin Frye and his team since 2008. In that time he has helped serve both my business and personal legal planning needs. From guidance on reviewing and keeping shareholder and state documentation up to date... - Robert
  • It is difficult enough to cope with the emotional challenges of closing a parent's estate, and when you are also faced with the issue of your parents having insufficient documentation, and being remote from your siblings… - Zara L.
  • Austin Frye provided legal services to my father while alive and to his estate after his death; when showing the EP docs his firm prepared to other professionals (lawyers, financial advisors, accountants)… - Mark S
  • I've been a client of Austin Frye's for over 10 years. In that time, he's handled my estate/trust planning and asset protection as well as complicated business deals. - Leslie
  • Mr. Frye recently set up a complicated special needs trust for my son and, as usual, did a great job explaining it and in putting our minds at ease about our son's future well-being. - Dr. Howard
  • Massachusetts Bar Association
  • The Florida Bar 1950
  • CFP
  • Florida Bar Elder Law Member
  • Academy Of Florida Elder Law Attorneys
  • Florida bar Business law Member
  • NAELA National Academy of Elder Law Attorneys, Inc.
Email Us For a Response

Contact Us For Personal Attention To Your Legal Matter

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Office Location

Get In Touch With Us
20900 W. Dixie Highway
Miami, FL 33180

Toll Free: 877-421-5473
Phone: 305-508-5749
Map & Directions