Trust Modification and Termination

Date: Wednesday, December 11, 2019
Time: 12:00pm - 1:30pm
Location: Bella Notte Ristorante
Speaker: Richard C. Mills

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Fixing the Sideways Trust after It Becomes Irrevocable

• Interpreting the trust when the settlor or testator’s intent is unclear

• Reforming the trust with clerical errors

• Modifying the broken trust by agreement

• Using agreements to alter shares to avoid the settlor’s intent

• Fixing the broken trust by a modification order

• Terminating the irrevocable trust that nobody wants, but the dead guy

Speaker Bio:

Rick is a shareholder with the Jackson-based law firm of Marcoux Allen in the firm’s Jackson and Ann Arbor offices.  Rick’s practice is devoted primarily to trusts and estates and charitable giving.  Rick is a frequent writer and speaker and is active in the following organizations:

  • American Bar Association Real Property Trust and Estate Law Section;
  • State Bar of Michigan Probate and Estate Planning Section;
  • Washtenaw County Bar Association Estate, Probate, and Trust Law Section;
  • Jackson Areas Estate Planning Council; and
  • Washtenaw Estate Planning Council. 

Rick co-chairs the Charitable Organizations Committee of the ABA RPTE Section and is a member of the Probate and Estate Planning Council of the State Bar of Michigan.  He currently serves as an Observer to the Uniform Law Commission’s Management of Funds Raised through Crowdfunding Efforts Drafting Committee. 

Rick served on several Michigan Probate Council trust legislation drafting committees, including Michigan’s trust decanting and domestic asset protection trust legislation, as well as the Council’s current undisclosed trust proposal.  He currently serves on the Probate Councils’ Uniform Fiduciary Income and Principal Act Committee.  He is an editor of the Michigan Probate and Estate Planning Journal, a co-editor and contributing author of the Institute for Continuing Legal Education’s book, Drafting the Michigan Trust (formerly Michigan Revocable Grantor Trusts), and is a co-author of a forthcoming book about growing a culture of philanthropy in a small community with Monica Moser, CEO of the Jackson Community Foundation.

Rick is a fifth generation Jacksonian and proudly serves on the boards of the Jackson Community Foundation, the Ella Sharp Museum, Catholic Charities of Jackson, Lenawee, and Hillsdale Counties, and the Cascades Park Foundation.

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