Legal Question in Wills and Trusts in California
Can an executor of a trust change an item or arrangement in a trust?
5 Answers from Attorneys
In general, the trustee must follow the instructions in the Trust and can not ignore or change what the trust clearly states. But your question is too vague for us to know precisely what you are really asking for.
If you mean successor trustee (executors are only in wills) and you can get all of the income and residuary beneficiaries to agree, then yes, but they would all have to agree, after consulting with independent legal counsel, that it was in their best interests. Good luck with that!
We call the person who sets up the trust, the trustor, not the executor. The trustor can change or amend the trust at any time until the trust becomes irrevocable.
The Trustor (the one whose property is the subject of the trust) is usually the initial trustee of his/her own trust. If the trust is a revocable one, the Trustor (or Trustors, if more than one person) can amend or revoke the trust during his/her/their lifetime/lifetimes. Revocable trusts become irrevocable when the Trustor (or Trustors) are legally incapacitated or die. If you are referring to a Successor Trustee (someone who takes over after the Trustor-Trustee�s incapacity or death), such a Successor Trustee cannot amend the Trust. The ability to amend or revoke the trust is personal to the Trustor or Trustors only. Under the Probate Code, Trustees are required to follow the terms of the trust with respect to property held by the trust and the manner in which distribution is to be made.