What are Trust Amendments?

We offer trust amending as a service at Chatuge Elder Law. Here are some facts and fallacies about trust amending: 

Fact: A revocable trust can be modified at any time. 

• You can amend your revocable living trust at any time. However, the size of these changes may influence the decision to simply amend or restate the trust. ​

  • If only one section of your trust is to be changed, then a simple amendment is usually the best option.

  • However, if more than two sections are being changed, or if you wish for the prior terms to be unknown, a restatement is usually the best option. ​

Fallacy: An irrevocable trust can never be amended.

• With proper foresight and drafting, an irrevocable trust can be set up in such a manner to allow the appointed trustee the discretion to modify or even revoke the terms of the trust.