Can a Trust Be Changed After Death?

Our Oakland Probate Litigation Lawyer Answers This Question

In this video, Oakland probate litigation attorney Charles Triay discusses the rights some beneficiaries may have to change a trust after the trustee of a trust passes away. In order for a trust to be amended after death, certain factors must be met and a judge must sign off on these changes. If you have questions about your ability to alter a trust after the death of a trustee,  speak with the Oakland probate litigation lawyers of the Triay Law Office today.

Video Transcription

Another interesting question arises concerning defective trusts, but it arises in a different way. In other words, the question is not whether the trust is defective, because the rules for trusts are a little looser and more liberal than the rules for wills. The question is, “Can the trust be changed after the death?” The answer is, “Yes, under certain circumstances.” It’s a little too complex to describe in 25 words or less, but generally speaking, if all the beneficiaries agree that they want the trust to be changed, you can go to court and get the judge to sign off on that and change the trust even after the death. If there has been a change in circumstances, for example, the tax law changed and the trust never got updated, you can sometimes go to court and get the trust changed on that basis.