How to Get Out of a Trust from a Trust Mill

Discusses abuses and issues in financial planning, including questionable compensation practices, bogus institutes and accreditations, bad products, annuity abuse, inappropriate life insurance sales, living trust mills, and related misconduct. Also answers questions about usually legitimate but developing areas such as life insurance premium financing, life settlements, charitable gifting strategies, etc. Includes discussion of asset protection scams.
Pspencer

How to Get Out of a Trust from a Trust Mill

Post by Pspencer »

Anyone have any experience with getting a court to rescinding a trust? Maybe based on fraud in the inducement? Any other theories? (This one is not revocable.)
notorial dissent
A Balthazar of Quatloosian Truth
Posts: 13806
Joined: Mon Jul 04, 2005 7:17 pm

Re: How to Get Out of a Trust from a Trust Mill

Post by notorial dissent »

Just for giggles and novelty's sake, could you like maybe provide some information as to what type of trust and why, little insignificant details like that? The crystal balls are currently in for repair! So we have to do this the old fashioned way.
The fact that you sincerely and wholeheartedly believe that the “Law of Gravity” is unconstitutional and a violation of your sovereign rights, does not absolve you of adherence to it.
Judge Roy Bean
Judge for the District of Quatloosia
Judge for the District of Quatloosia
Posts: 3704
Joined: Tue May 17, 2005 6:04 pm
Location: West of the Pecos

Re: How to Get Out of a Trust from a Trust Mill

Post by Judge Roy Bean »

Pspencer wrote:Anyone have any experience with getting a court to rescinding a trust? Maybe based on fraud in the inducement? Any other theories? (This one is not revocable.)
IMHO, the term "irrevocable" is a misnomer. It boils down to the amounts involved and the resources you have to mount a legitimate challenge.

If you're asking about the kind of trust that has been promoted by various scam programs, the courts are loathe to recognize the validity of them if the purpose of the trust can be shown was to accomplish some nefarious objective, i.e., concealment of assets, elimination of debt, tax dodges, etc.

Having said that, someone who enters into certain kinds of trusts may have a difficult time proving they did so innocently.

You need LOCAL (state issues are always a factor) legal counsel to guide you through the mine field.
The Honorable Judge Roy Bean
The world is a car and you're a crash-test dummy.
The Devil Makes Three
bmielke

Re: How to Get Out of a Trust from a Trust Mill

Post by bmielke »

Judge Roy Bean wrote:
Pspencer wrote:Anyone have any experience with getting a court to rescinding a trust? Maybe based on fraud in the inducement? Any other theories? (This one is not revocable.)
IMHO, the term "irrevocable" is a misnomer. It boils down to the amounts involved and the resources you have to mount a legitimate challenge.

If you're asking about the kind of trust that has been promoted by various scam programs, the courts are loathe to recognize the validity of them if the purpose of the trust can be shown was to accomplish some nefarious objective, i.e., concealment of assets, elimination of debt, tax dodges, etc.

Having said that, someone who enters into certain kinds of trusts may have a difficult time proving they did so innocently.

You need LOCAL (state issues are always a factor) legal counsel to guide you through the mine field.
I would like to add that depending on what side you are on you need a local attorney that specializes in trusts. If you are a debt collector trying to break it you need a collections attorney with that kind of expierience. If you are the grantor or a family member of the grantor you need an elder law attorney or an probate and estate attorney . Joe Blow General Practioner down the street ain't going to cut it.
JamesVincent
A Councilor of the Kabosh
Posts: 3046
Joined: Sat Oct 23, 2010 7:01 am
Location: Wherever my truck goes.

Re: How to Get Out of a Trust from a Trust Mill

Post by JamesVincent »

So now we're copying and pasting others posts and then using them in 2 year old posts. How..... nice.
Disciple of the cross and champion in suffering
Immerse yourself into the kingdom of redemption
Pardon your mind through the chains of the divine
Make way, the shepherd of fire

Avenged Sevenfold "Shepherd of Fire"
BBFlatt
Captain
Captain
Posts: 169
Joined: Thu Jul 12, 2007 12:11 pm
Location: West Margaritaville

Re: How to Get Out of a Trust from a Trust Mill

Post by BBFlatt »

And then the link appears...
When the last law was down and the devil turned 'round on you where would you hide, the laws all being flat? ...Yes, I'd give the devil the benefit of the law, for my own safety's sake. -- Robert Bolt; A Man for all Seasons