Updates to Your Estate Plan
Your trust was written for the life you had then.
If your family, property, or priorities have changed since your trust was signed, it may no longer reflect the plan you would make today.
An older trust may need a closer look.
Heritage Law reviews existing trusts, including documents prepared by another attorney or in another state, and explains the planning questions the document raises today.
A trust is created for a particular time in your life. Years later, the people you care about, the property you own, and the responsibilities you carry may look very different. Some trusts need only a limited update. Others raise broader estate-planning questions.
For families, property, or planning documents with Nevada and California connections, Danielle Christenson is licensed in both states.
Changes that often lead people to review a trust.
Your family changed
A marriage, divorce, new child or grandchild, death, or change in a close relationship can affect the people named in a trust and the way you want property to pass.
Your property or financial life changed
Buying, selling, refinancing, or inheriting property can raise questions about ownership and whether an existing plan still reflects the property you have today. Beneficiary designations and account titles may deserve attention as well.
The people you named can no longer serve
A successor trustee, agent, or beneficiary may no longer be the person you would choose today. Age, distance, health, relationships, or a change in confidence can all prompt a review.
A beneficiary’s needs changed
A beneficiary may now have circumstances that were not part of the original plan. Heritage Law can help you identify the questions that should be discussed before you decide whether the trust needs an update.
You no longer remember what the trust says
That is a practical reason to review it. A trust should not be a document that sits unread until a family member is asked to rely on it.
Your trust was prepared under an earlier legal context
Estate-planning laws and common drafting practices can change over time. If a trust has been in place for many years, a review can help identify questions worth discussing alongside your current wishes and circumstances.
Amend, restate, or create a new trust?
There is more than one way to address an existing trust. The right option depends on the document, the changes you want to make, and the property involved.
| Option | How it works |
|---|---|
Amendment | An amendment is a separate document that changes specific terms of an existing trust. It may be appropriate when a client wants to address a limited number of issues, such as a change in trustee or beneficiary. |
Restatement | A restatement replaces the terms of an existing trust while preserving the underlying trust. It may be considered when several provisions need updating or when the existing document has been amended more than once. The effect on titles, property, and related documents depends on the trust and the changes involved. |
New trust | In some circumstances, creating a new trust may be the clearer option. Whether that makes sense depends on the current documents, the client’s goals, and the property involved. |
What a trust review can cover.
A review begins with the documents you have and the changes you are considering. Heritage Law can help you understand the current trust, the people and roles named in it, and the estate-planning questions raised by changes in your life.
- The trust and any amendments or restatements.
- The people named as trustee, beneficiary, agent, or other decision-maker.
- Property, account titles, and beneficiary designations that may affect the plan.
- Related wills, powers of attorney, and health-care planning documents.
What to bring to a trust review.
Bring your trust and every amendment or restatement you have. Include your will, powers of attorney, and health-care planning documents, if available. If property is part of your question, bring recent deeds or property-tax statements for the real estate. Also bring a brief list of the changes that prompted the review.
Common trust-update questions.
Can I change my trust myself?
A revocable trust may be amended, but the requirements for a valid change can depend on the trust’s own terms and applicable law. Informal notes, incomplete papers, or an improperly executed change can create problems later. Heritage Law can review the document and explain the appropriate options.
Do I need a new trust because I moved to Nevada or California?
Not necessarily. A valid trust created elsewhere may still be effective, but property in Nevada or California, supporting documents, and the people named in the plan may need to be reviewed.
Can a trust be changed after the person who made it has died?
When a revocable trust becomes irrevocable after a settlor’s death, the ability to change it is limited and depends on the trust, the people involved, and applicable law. That question requires legal review of the specific document and circumstances.
When should I review my trust?
Reviewing a trust after a major change in family, property, location, health, or the people named in the document can help identify issues before they become urgent. Many clients also choose to review older documents periodically.
Find out whether your trust still reflects your life today.
Bring the trust you have and the questions you want to address. Heritage Law can help you understand the document, identify the changes that matter, and discuss the available planning options.