I have a trust but would like to make some changes, can this be done?

Question

I have a trust that I would like to make some changes to. I am the trustee presently. I mainly want to change the person handling the trust upon my death and some other minor changes. I am not sure if this is a revocable or irrevocable trust.  I also want to seek a different attorney other than the original attorney who drafted the trust.

Carmen Marquez · Answer

As long as it's revocable and the trust language allows you to amend it and/or restate it can easily be done.  The new attorney will most likely want to restate the entire trust just keep the original name.

Robert Long · Answer

I think you've answered your own question: You need to see an attorney to be advised if you can make changes (revocable) or not (irrevocable). You are never tied to an attorney, and if you paid for the trust, it belongs to you.

Ben Liu · Answer

You can if it is a revocable trust. The first few pages of the trust should state rather it is a revocable trust - changes can be made by the grantor.

Brian Haggerty · Answer

It's actually up to the trust agreement that you signed to begin with. But you can always take the trust to a new attorney to ask about changes to be made.

Janis Blough · Answer

If the trust allows amendment?(they usually do), any experienced attorney who handles trusts can draft the amendments you desire; you do not need to return to the attorney who drafted the original trust.

James Weiner · Answer

As long as it is a revocable trust you can make changes. If you are the original trust maker is usually is but there is no guarantee. You can go to any tax planning or estate planning attorney to thoroughly investigate. There is no need to go to your original attorney.

Brooke Ashton · Answer

These changes are probably possible depending on the language of the trust. The amount of difficulty to change the trust will be based on the following factors: whether it is irrevocable or revocable; whether the trust gives language for amendment or powers of appointment; and if there are any other trustees, other than yourself. Another attorney can help you with this matter. You do not have to go to the attorney that drafted the original trust.

Dwight Tompkins · Answer

I give new clients a free 30 minute initial consultation.  If you bring me the document, I should be able to determine whether the trust is revocable or irrevocable.   If it is revocable, and you are the person with that power, then you can make any changes to the trust that you want to, including amendment of the successor trustees.

Charles Perry · Answer

First of all, you are free to contact any lawyer you like to discuss your trust and other affairs.  You have no obligation to use the   lawyer who drafted your trust, and I would encourage you to look for someone in whom you have a great deal of confidence.  If you created the trust, and named yourself as trustee, I'd be surprised if the trust could not be modified.  Your new trust lawyer will be able to definitely comment on that once he or she has reviewed the trust document.  I am sure there are a number of trust lawyers in your area, as well as a number here on LawQA, who would be happy to assist you.

Frank Granato · Answer

A revocable trust can be changed.

Thomas Edward Gates · Answer

We need to know if it is a revocable trust.  A revocable trust permits revisions, an irrevocable trust does not.

Edward Olson · Answer

Assuming that this is a trust you created, the answer is "yes" you can make changes. If it was originally a joint trust or a trust created by someone else, there may be things you can do, but you will be limited by any restrictions contained in the trust.

Shadi Ala'i AlaiShaffer · Answer

You can work with any attorney to make the changes you want. Most likely your trust is a revocable trust but it is easy to find out what type of trust you have.  What your needing is an Amendment. It's a fairly simple change so you shouldn't have any problems or major expenses.

Richard Damon · Answer

Yes, if it is a revocable living trust.

Gregory Herman-Giddens · Answer

A grantor of a revocable trust can amend it any time (if he or she has the requisite mental capacity).  An irrevocable trust may often be modified under state law by the court or consent of the grantor and all beneficiaries.

Bruce Steiner · Answer

If you created it and it's revocable, you can change it.  If you created it and it's irrevocable, you can change it with the consent of the beneficiaries.  The trust should say whether it's revocable or irrevocable.

Richard Keyes · Answer

You need to read through the trust to determine whether it is revocable or irrevocable.  The vast majority of trusts are revocable.  If you are still unsure, please see an attorney.  If you want to make a change to your revocable trust, this is a trust amendment.  You can go to a different attorney for the amendment or to find out if the trust is revocable so an amendment can be made.

Jeffrey Gottlieb · Answer

If it is a revocable trust, then you can certainly do this. If it's irrevocable, then it is more complicated.

Douglas Tull · Answer

The chances are, if you are the Trustee, that it is a Revocable Trust.  An irrevocable Trust would most likely have required a different Trustee - among other things.  If it is a Revocable Trust, it should, by its terms, allow you to amend it "in whole, or in part, or to revoke it" - or words to that affect.    Depending on how old the trust is and how well it was drafted in the first instance, if you see another attorney about the Trust, he or she might recommend a "restatement" or "amendment" of the entire trust.  The law has changed quite a bit over the last 15 years.

Neal Michael Rimer · Answer

You probably have a revocable trust... otherwise, there are very few things you could change. An amendment to the trust is the appropriate method of changing some of the trust terms. It is also possible that it might be in your best interest to restate the trust in total to make a number of changes to the trust depending on the quality of the trust that you had signed and hold old the trust is... there have been many law changes, tax changes, and interpretations of language over the years.  All that must be taken into consideration in dealing with the trust.

Victor Waid · Answer

Yes you can amend your trust as to any provision or revoke the whole thing; however amendment is pretty simple and straight forward.  Yes you can change attorney at anytime you desire; you do not have to go back to the last attorney that prepared the trust or trust amendments. Choose an individual that prepares estate plans which includes trusts; and interview attorneys until you find one you are comfortable with. You will need to take your original document binder to the new attorney; if the last lawyer has your original documents, you need to request and obtain those documents before you interview your new counsel.

Dara J. Goldsmith · Answer

You need to schedule a consultation with an attorney who will review your trust in advance and advise you on your ability to change/amend all or part of the trust.

James Frederick · Answer

You can change attorneys, without any problem. Whether or not you can amend the terms of the trust depends on the terms of your trust. It would be relatively unusual for the trust to be irrevocable, but it is possible. Someone would need to review the terms of your trust to tell you.  I would be willing to review your trust at no charge. If it can be amended, the changes you are talking about could easily be made.  Please feel free to contact me if you have additional questions or if you would like to schedule a consultation.

Frances Headley · Answer

Unless the trust is irrevocable then the changes that you contemplate are certainly doable.  You should consult an estate planning attorney to review the document, confirm that it is or is not revocable and advise you how to proceed.

Darin Christensen · Answer

It can easily be done if it is a revocable trust.  If it is an irrevocable trust, it will require the written consent of the present beneficiary (I assume you), the trustee (you), and the remainder beneficiaries.

Edwin Fee · Answer

If the trust is revocable, you may change it.  If it is irrevocable, you may not.  Given that you are the trustee, it probably is revocable.

Norman Green · Answer

If your trust is revocable, it definitely can be done.  If it is not, then probably most or all of the things you want to do can be done.  (Probably your trust is revocable.)

Brad Micklin · Answer

I would need to see the trust to determine whether it can be modified and what is the best way to do so.

Monica H. Donaldson Stewart · Answer

The trust itself should indicate whether it can be amended and by whom. An amendment does not need to be made by the same attorney who drafted the document, but if you go to a new attorney, that person will need to review your existing documents in order to advise you about what you can do.

Scott Pesetsky · Answer

If you are the person who set up the trust, and your trust is revocable, you can make changes easily. Most are! If your trust is irrevocable, changes are still possible, but will require court review. We can review your trust document and let you know which situation you are in. We offer offer webcam meetings for our cross-state clients.

Andrew Byers · Answer

If it is a revocable trust, you would be able to make any change.  If it is an irrevocable trust, your ability to make changes might be limited.

Kelly Bagla · Answer

As long as the trust is revocable and you are the trustee of the trust, you may make changes to it.  Please talk to an attorney.

David Goldman · Answer

We would be happy to review the trust document to see this can be done. Generally it is just an amendment to the trust to make a change like this with is quick and inexpensive

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I have a trust but would like to make some changes, can this be done?

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