Los Angeles Trust Amendment and Restatement Attorney
Updating a Revocable Trust as Circumstances Change
A revocable living trust is meant to evolve with your life, but it only works correctly if it is actually kept up to date. Whether you need to swap a successor trustee, adjust how your estate is divided among beneficiaries, or account for a new tax law, changes to a trust need to be handled with the same care that went into drafting the original document.
The Law Office of Mitchell A. Port regularly helps Los Angeles clients amend or restate trusts we originally drafted, as well as trusts prepared by other attorneys.
Amendment vs. Restatement
A trust amendment changes one or more specific provisions while leaving the rest of the original document intact, which works well for smaller updates, such as changing a successor trustee or adjusting a specific bequest. A trust restatement rewrites the entire trust document while keeping the original trust name and date intact, which means assets already titled in the trust's name do not need to be retitled again. We generally recommend a restatement once a trust has been amended multiple times, or when the changes are substantial enough that reading the original document alongside several amendments would create confusion for the successor trustee.
Common Reasons to Update a Trust
Clients most often come to us for updates after the death or incapacity of a named trustee, a divorce, the birth of a grandchild, a significant change in the value or nature of their assets, a move to California from another state, or a change in federal or California tax law that affects the trust's original planning assumptions. Even without a specific triggering event, we recommend a full review of your trust every three to five years.
Making Sure New Assets Are Properly Titled
An amendment or restatement addresses the terms of the trust, but it does not automatically pull newly acquired assets into the trust. Any time you purchase real estate, open a new investment account, or acquire another significant asset, that asset needs to be separately retitled in the name of the trust. We build this step into every engagement so clients do not end up with a trust that looks complete on paper but is missing key assets when it matters most.
Frequently Asked Questions
Can I amend my trust without an attorney?
You can, but even minor drafting errors in a self-prepared amendment have led to real disputes among beneficiaries after the trust creator's death. Because an amendment carries the same legal weight as the original trust, it deserves the same careful drafting.
What happens to old amendments after a restatement?
A properly drafted restatement supersedes all prior amendments and states that it is the current governing version of the trust. We keep the full history of documents in the client's file so there is a clear record of the trust's evolution over time.
Call (310) 526-3433 to update your trust with a Los Angeles attorney at the Law Office of Mitchell A. Port.
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