RMO Case Spotlight
Estate Planning Challenges Met with Proven Outcomes

Background

Our client was the surviving spouse of a comprehensive estate plan designed by his late wife. While the plan had been intended to preserve family wealth and minimize taxes, it inadvertently left our client in a difficult financial position. The bulk of the estate was locked in an irrevocable trust holding illiquid assets, including investment real estate and business interests. Our client was left with little to no cash, making it difficult to cover basic living expenses or maintain the family home. The plan had failed to consider the day-to-day financial needs of the surviving spouse after the first death.

Solution

Our client turned to us for help in unwinding the rigid structure that was draining him financially. We assessed the trust’s terms and circumstances surrounding its creation and advised pursuing court intervention to revoke the trust based on its impractical impact and unforeseen consequences. We worked collaboratively with the other beneficiaries to build consensus and present a unified approach that prioritized long-term preservation while addressing the immediate hardship.

Results

The court approved the revocation, allowing the release of previously inaccessible assets. Our client was able to cover essential living costs, retain his residence, and regain control over his financial affairs. We also assisted in creating a new, more flexible estate plan tailored to his needs and better equipped to adapt to future changes. What began as a well-intended plan that missed key practical considerations ended with a result that honored both the decedent’s intent and the surviving spouse’s reality.