I have a trust but would like to make changes to it. How do I go about doing that? Do I re-write the trust? I mainly want to change the person handling the trust after my death and few minor other changes. I am not sure if it a revocable or irrevocable truste. Right now, I am the trustee. Thank you
2 Answers from Attorneys
You should take it to the attorney who drafted it for you, and if he or she is not available, let an attorney in your community read it so your questions can be answered. They can not be without reading the document.
There is no need to rewrite the trust. However, you really do need to take it to the attorney and have the changes made. Trusts and wills are different. But, a trust is easy to amend. The problem comes when someone makes a change who doesn't have the power to make a change. Just because you are the Trustee does not mean you have the right to make any changes. Also, you have to be careful of changes. Sometimes, changing a trust can have unintended effects. Definitely see the lawyer who drafted the trust, or at least consult with an attorney in your area who understands trusts.