Restatement of Trusts

Modifying Irrevocable Trusts

Irrevocable trusts, such as a living trust, are drafted with the expectation that they cannot be changed. However, when the circumstances of the trustor change, or when mistakes were made in the drafting of the trust instrument, it may be possible to modify the provisions of a trust.

Probate lawyers who have drafted many trusts

Changing a trust is complex, and requires a careful reading of the original trust document and knowledge of current probate law. At Russakow, Ryan & Johnson, our lawyers are experienced probate attorneys who have drafted many trusts themselves. This allows them to determine whether a trust may be modified and identify problems and mistakes in trust documents. They can then petition the probate court to allow a restatement or modification of the trust. To learn more about restating a trust, contact our California law firm. Call either our Pasadena or Orange County office to speak with a knowledgeable probate attorney.

Attorneys knowledgeable about the process of restating a trust

Our attorneys understand the various probate court processes and petitions used to modify a trust. We take care of the required notifications when submitting a petition to modify a trust. We know how to demonstrate changed circumstances, detailing how the trustor and his or her attorney could not have anticipated the changes. We attend the probate court hearing with our client to answer the court’s questions and hear challenges to our petition to restate the trust.

Reasons to modify a trust

We have handled trust restatement or modification cases such as:

• Trustee fees were set in dollar amounts many years ago and had no provision for inflation, making trustee fees so small as to limit oversight of the trust
• Increased trust distributions to beneficiaries
• Unclear language in a trust document
• Poor description of a trustee’s duties and responsibilities in the trust document
• Lack of clarity about the identify of beneficiaries under the trust
• The death of a major beneficiary when no secondary beneficiary is named in the trust
• Divorce or remarriage that invalidates the intention of the trustor

California law is receptive to petitions to modify a trust

California law regarding the restatement of trusts is more flexible than in other states. It can be very difficult in other jurisdictions to modify the language of a trust even in light of significant changes in the circumstances of the trustor or weaknesses in the language of the document. In contrast, California judges have had a liberal interpretation of no-contest clauses. This allows us to petition to modify a trust for a client even when the document contains a no-contest clause.

For more information about restating or modifying a trust, contact our Southern California lawyers at Russakow, Ryan & Johnson. We are committed to finding solutions to problems with trusts in a cost effective and timely way.