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Even the most carefully thought out estate plan cannot anticipate any and all changes that may happen in the years to come. When major life changes have occurred and you want to modify the terms of your trust, you can come to Herrig & Vogt, LLP for help. Our Roseville estate planning attorneys have 24 years of experience, and we can assist you with even the most complex legal issues in relation to your estate plan.
Don't make the mistake of thinking that you can handle changes to the trust by making your own handwritten edits to the document. By doing so, you could inadvertently invalidate the trust, with the result that your estate would be subject to the laws concerning intestate succession upon your death. We have comprehensive knowledge of estate planning and probate law, and we can help you navigate the process with efficiency.
California Probate Code §15402 states that, "Unless the trust instrument provides otherwise, if a trust is revocable by the settlor, the settlor may modify the trust by the procedure for revocation." In other words, you can at any time make changes to the terms of your trust, provided that it is a revocable trust, also known as a living trust or inter vivos trust. According to your wishes, you may add or remove family members, friends or charities from the list of beneficiaries of the trust.
Whatever the reason for your change, our team of legal professionals is here to help. We understand that life can bring unexpected events, and while it is beneficial to draft wills and trusts early on, this may also make future changes necessary.
Contrary to what the name implies, it is possible to make changes to an irrevocable trust under certain circumstances. If you need to change the beneficiary list or make any other type of modification to your irrevocable trust, it will be necessary to satisfy the legal requirements for doing so, such as by obtaining the consent of one or all of the beneficiaries.
Prior to taking any type of action on the matter, contact our Roseville probate lawyers at (888) 901-8229 or online for a free case evaluation. We serve clients in Placer County, Sacramento County and El Dorado County, and we are ready to begin work on your case without delay.
At our law firm, our legal team brings more than 100 years of combined experience to every case. Several of us our top-rated by peers for exceptional ethics and legal ability, known for delivering client-centered counsel for any legal issue. Discover how we can be of service in a no cost, no obligation case review.