Reviewing & Updating Your Living Trust

An existing trust should still reflect your family, your assets, and your wishes.

If you created a trust years ago, you may not need to start from scratch. Attorney David Calkins reviews existing plans and discusses whether a focused amendment, a restatement, related document updates, or funding work would be appropriate.

When to ask for a review

• You married, divorced, or lost a spouse or another family member.
• You want to change beneficiaries, trustees, or the people named to make financial or healthcare decisions.
• You bought, sold, or refinanced a property.
• Your children are older, your family circumstances changed, or a beneficiary needs additional planning.
• You are unsure whether the home or accounts were actually transferred into the trust.

Amendment or restatement?

An amendment changes selected provisions of a trust. A restatement replaces the trust’s written terms while generally continuing the existing trust, when appropriate. The right approach depends on the original documents, prior changes, who has authority to make changes, and what you want to accomplish.

Do not assume that an old joint trust remains fully changeable after a spouse’s death. David needs to review the documents and circumstances before discussing available changes.

Review the supporting documents, too

A trust update may also call for a review of the pour-over will, financial power of attorney, healthcare directive, HIPAA authorization, deeds, and beneficiary arrangements. Updating one document does not automatically update all the others.

What to bring to the conversation

Have the complete signed trust, all amendments or restatements, related estate-planning documents, and current deeds available if possible. Make a short list of the changes you want. David will explain how to provide records after the initial call; please do not send sensitive documents through the contact form.

If documents are missing, say so during the consultation. The next steps depend on what records and authority can be established.

By David F. Calkins, California attorney · General planning information

Explore living trust planning or review trust funding and deeds.

Our practice is limited to estate planning and undisputed matters. We do not handle litigation, will or trust contests, beneficiary disputes, or conservatorships.