Modifying an Orange County Trust: An Overview of Methods

As time passes, you may find that your carefully crafted estate plan no longer perfectly reflects your needs and goals. Life circumstances change, as do the rules and laws that govern the estate administration and taxation process. It is very important that you modify your trust in Orange County in order to ensure that your estate plan is as updated as possible. An experienced California trust lawyer can assist you through the trust modification process.

Wondering how to go about modifying a living trust? If the trust is revocable, the following methods can be used to modify the Orange County trust:

  • By complying with any trust modification method outlined in the trust instrument itself.
  • By a writing that is signed by the settlor and delivered to the trustee during the settlor’s lifetime.
  • By a writing that is signed by an individual, other than the settlor, who was given the power of revocation under the trust instrument.

It is important to note that if the trust instrument specifically names any one, specific method as the method for revoking the trust, the named method is the only method that may be used. Your attorney can review the terms of your trust and any amendments to determine which method is most advisable for your trust modification or revocation. He can also explain the potential legal or tax consequences that may result from your proposed changes to the trust. 

Since modifications can dramatically affect your estate plan, it is vital to seek out the guidance of an experienced Orange County trust attorney. Our free guide, The Ten Things You Must Know Before Creating (or Amending) Your Will or Trust, offers additional information about the process of amending a living trust in California. Call our office today at (714) 459-5481 for a consultation.

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