Trust Amendment
A Trust Amendment is a document that changes specific parts of your Revocable Living Trust but leaves all of the other provisions unchanged. A Restatement of Trust completely replaces and supersedes all of the provisions of the original trust; the name and date of your trust will stay the same, but everything else is replaced by the terms of the restatement.
If you need to make minor changes to your Revocable Trust—such as adding specific gifts, changing your successor Trustee, or updating a beneficiary’s legal name—then a simple Amendment will suffice. On the other hand, if you want to make substantial changes—like adding a new spouse as a beneficiary or altering distributions—then you might need a complete Restatement.
Depending on your individual needs and goals, we are here to help you with these changes. Call us today for Trust Amendment assistance.
How to Update or Amend Your Trust
Updating a Revocable Living Trust (most Living Trusts are Revocable) in California doesn’t need to be complicated. The process is straightforward enough, and it’s best not to delay your updates because of the potential problems that can arise from a Trust that isn’t correctly set up.
The first step in amending an existing Trust is taking stock of what needs to be changed. You probably have a good idea of the major life changes that have happened since your Trust was created or last updated.
Speaking with an Estate Planning attorney can also be beneficial because they may be able to give insight to updates that you haven’t considered when performing a trust amendment.
Amending a Trust – Step By Step
Key Takeaways about Amending a Trust
Bottom line, it’s important you review your Trust at least every 3-5 years or after any major life or financial change to ensure it still aligns with your goals. Staying proactive helps ensure your assets are distributed according to your wishes and avoids probate complications for your family.
To avoid errors that may invalidate your Trust (leading to Probate), reach out to our team to assist with your trust amendment. We review existing Trusts for people just like you multiple times a week. We’ll look at your actual documents and make sure everything is in order based on your wishes.
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