In order to update your existing estate plan that includes a living trust, you may need an amendment. In some cases, your attorney may suggest that you draft and execute a complete Anaheim trust restatement. A trust restatement differs from an amendment by replacing the trust in its entirety. You are essentially creating an entirely new trust, while maintaining the older trust’s original name and date of execution. Your California trust attorney can review the facts and circumstances surrounding your estate plan to determine whether an amendment or restatement is right for your family.

When should you consider a trust restatement in Anaheim?

  • When the revisions to your trust are extensive.
  • When the changes you are seeking to accomplish will affect additional provisions of the trust.
  • When you have made multiple trust amendments in the past, requiring readers of the trust to review the original document, followed by each amendment, in order to understand the goals of the trust.

Real-life examples of situations that may give rise to the need for an Anaheim trust restatement include:

  • Where you have remarried and are adding a new spouse as a beneficiary to your trust plan.
  • Where you are trying to remove a beneficiary entirely from your trust.
  • Where you are making significant changes to the distribution of your trust property.
  • Where significant changes to state or federal trust or tax laws affect your estate plan.

Before beginning the process of amending or restating your trust, view our free guide, The Ten Things You Must Know Before Creating (or Amending) Your Will or Trust. This guide will provide helpful information about trust amendments. To learn more, contact the Law Office of James F. Roberts & Associates, APC. Call our office of experienced Anaheim trust modification attorneys today at (714) 459-5481.

James F. Roberts
Founder and owner of the Law Office of James F. Roberts and Associates, a premiere estate planning law firm
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