Trust Amendments & Restatements in Los Angeles

What is a trust amendment and why is one needed?

If the grantor of a revocable living trust is still alive and mentally competent, he or she can make changes to the trust at any time. Such changes consist of modifications, updates, or the complete revocation of specific provisions. The amendment is called an "Amendment to the Living Trust" and is usually a separate document attached to the original trust.

Several different circumstances may lead a grantor to amend a living trust; such as:

  • Sale of a trust property
  • Marriage
  • Birth of a child
  • Name changes
  • Death of a spouse or beneficiary
  • Adding/deleting certain bequests

Also, if the grantors of the trust move to a different state, the trust may need to be amended per the state laws in which they newly reside. While similar to an amendment, a restatement is much more extensive.

When would a trust restatement be necessary?

Due to many reasons, a restatement of a trust is sometimes needed. It involves revising the entire trust, from beginning to end. This becomes an amendment, which then revokes all previous amendments. A trust may become out of date or irrelevant due to changes in the law. Amending it line by line may prove to make it so complicated that future trustees might find it difficult to understand; also, it may no longer reflect the wishes of its creator or grantor.

If significant changes to the trust need to be made, such as adding or deleting beneficiaries or changing asset distributions from family members to charities, a restatement will typically be needed. Fortunately, the Law Offices of David A. Shapiro, P.C. is ready and able to assist you in the restatement of your trust.

The Role of a Los Angeles Trust Lawyer

A trust may also have many amendments done over the years, in separate documents, which may make it difficult for your beneficiaries to piece together. In this case, it may be prudent to consolidate all those changes into one document: a restated trust. It may be difficult and time-consuming for a Los Angeles trust attorney to make extensive changes to an existing trust.

A restatement may be faster, less expensive, and easier for all concerned. The name of your trust and the date it was created will remain the same for your restated trust. All your bank accounts, brokerage accounts, deeds, etc. won't need changing either if they have already been transferred to your original trust.

We Have a Background You Can Trust

At the Law Offices of David A. Shapiro, P.C., we focus on estate litigation and trusts, so we have a thorough background in writing amendments for trusts. Here in our office, David A. Shapiro and the rest of our legal team are eager to assist you in modifying the provisions of your trust document to suit your current needs and objectives.

If you or someone you know needs to make changes to a living trust, our firm is ready to help you make those alterations so that they are legally valid and binding. A trust is a legal document, so simply marking up or adding a hand-written addendum to your original is not a valid option. Ensure that your living trust is amended properly by using the services of a Los Angeles trust amendment attorney at our law firm.

Call our Los Angeles trust attorney today!

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