Sinclair Prosser Gasior

Annapolis Estate Planning Attorneys

Call Now: (410) 573-4818

Home / General / Thinking About Revoking Your Trust? Here’s What You Need To Know 

Thinking About Revoking Your Trust? Here’s What You Need To Know 

by

If you’ve set up a revocable living trust, you already know the benefits: avoiding probate, keeping things private, and simplifying asset management. But what if you change your mind? 

Yes, you can revoke your trust if it is a revocable trust

Revocable Means Revocable – But It’s Not That Simple 

A revocable trust gives you flexibility. You can change it, update it, or revoke it entirely during your lifetime. But revoking it means tearing down the whole structure—and if you don’t do it properly, you could cause more problems than you solve. 

Don’t Forget To “Unfund” The Trust 

“Funding” your trust means transferring assets—like your home or bank accounts—into the trust’s name. If you revoke the trust, you need to transfer those assets back into your individual name. 

Failing to do this leaves your property in the name of a trust that no longer exists.

Alternatives to Revoking Your Trust 

There are better, less drastic options: 

  • Amend the trust if you want to make minor updates 
  • Restate the trust if you want a full overhaul.

When Revoking Might Make Sense 

There are times when revoking your trust could be appropriate: 

  • Major life changes (like divorce or remarriage) 
  • You’ve moved to a new state and your old trust no longer fits 

Bottom Line 

Revoking a trust is legally allowed—but rarely your best first move. In most cases, a smart amendment or restatement gives you the control you need without wiping the slate clean. 

And if you do revoke your trust… Don’t forget to Unfund it. 

Your future self—and your family—will thank you. 

Want help updating or reviewing your trust? Talk to a qualified estate planning attorney at Sinclair Prosser Gasior before making any big changes. 

For more information, please join us for an upcoming FREE seminar. If you have questions or concerns about your estate plan, contact the experienced estate planning attorneys at Sinclair Prosser Gasior by calling (410) 573-4818 to schedule an appointment. 

Sinclair Prosser Gasior Annapolis Headquarters office is now located at 183 Harry S. Truman Pkwy, Suite 104. 
 

Beth Burgee, Estate Planning Attorney
Latest posts by Beth Burgee, Estate Planning Attorney (see all)