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When Should You Amend Your Living Trust in California?

Posted by Mark Ruiz | Dec 02, 2024 | 0 Comments

A living trust isn't something you just set up and forget about. It's a tool designed to adapt as your life changes, but it doesn't do that on its own—you have to keep it updated. In this post, I'll walk you through some of the common reasons you might need to amend your living trust in California.

Life Happens—Your Trust Should Reflect It

Life is full of changes, and your trust needs to keep up. Here are some big moments that might mean it's time to make adjustments:

  1. Major Life Events

    • Getting Married or Divorced: You'll want to make sure your trust includes (or excludes) the right people.
    • Welcoming a New Family Member: Whether it's a child or grandchild, you might want to update your trust to include them.
    • Loss of Someone Named in the Trust: If a beneficiary or trustee passes away, you'll need to update your trust to reflect that.
  2. Changes in Your Finances

    • Did you buy a new home or invest in something big? Make sure those assets are titled in your trust.
    • On the flip side, if you've sold property or other assets, you'll want to remove those from the trust.
  3. Moving to a New State
    California has its own estate planning laws, and if you're moving to or from the state, it's worth checking to see if your trust needs adjustments to stay compliant.

  4. Tax Laws Shift
    Tax laws are always evolving. If there are big changes that could impact estate taxes or how your trust is structured, it's smart to revisit your plan with an attorney.

  5. Your Goals Have Changed
    Maybe you want to tweak how much your beneficiaries receive or change the timeline for distributions. Or perhaps you've had a falling out with someone named in your trust (it happens!). You're in control—your trust should reflect what you want.

  6. Routine Maintenance
    Even if there aren't any major life changes, it's good to check in on your trust every few years. Laws change, your financial situation changes, and your goals may evolve over time.

How to Update Your Trust

If you've decided it's time for a change, the next step is making it official. Amending your trust isn't as simple as scribbling changes on the original document (please don't do that!). You'll need to create a trust amendment or even restate the trust entirely, depending on how significant the changes are. This is definitely something you'll want an attorney's help with to make sure it's done correctly.

The Bottom Line

Your living trust is a snapshot of your life and goals at a specific point in time. When your life changes, your trust should too. Staying proactive about updates can save your loved ones time, stress, and confusion later.

LEGAL DISCLAIMER
This article is for general informational purposes only. It's not legal advice and doesn't create an attorney-client relationship. If you have specific questions about your trust or estate plan, reach out to an experienced estate planning attorney for guidance. The choice of an attorney is an important decision and shouldn't be based solely on blog posts or advertisements.

About the Author

Mark Ruiz

Mark A. Ruiz Attorney/Owner Mark  primarily focuses on Business Law, Real Estate Law and Estate Planning.  He holds a Bachelors Degree from Santa Clara University with an emphasis in Business/Marketing and a Law Degree from the University of San Francisco with a Business Law Certificate.  He ...

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