Legal Question in Wills and Trusts in Ohio
living trust
I have had a living trust since 1993. I want to make 2 changes to my trust. The 1st change is reguarding my successor trustees. It is now my husband and sister-in-law and I want it to be my husband and oldest son. My second change is the way that my estate will be distributed to my 2 sons. At the time the trust was made they were both in college and I spread theirr inheritance out over 3 years. They are now 35 and 37 years old and should receive my estate in full. The attorney that did my trust is no longer available for me.
3 Answers from Attorneys
Re: living trust
To make the changes to your trust you need a trust amendment. Any estate planning attorney should be able to review your existing trust and draft an amendment for you.
Re: living trust
Your living trust is fully amendable by you during you lifetime, provided you have the legal capacity, which from your email it seems you certainly do.
The changes you mention are fairly simple and so a short Amendment can be made and attached to the prior trust; there should not need to be a complete restatement of the trust for just the changes you are seeking.
However, if you have not had the Trust reviewed since 1993, it would be a good idea to make sure it is suitable for your current situation, since there has been considerable change in Ohio and Federal Estate Tax law over that period of time.
You should have a qualified attorney review the trust and prepare the Amendment.
Re: living trust
You do not need to use the same attorney to amend your trust. Any qualified estate planning attorney can do that for you. I recommend to all clients that their estate plan be reviewed periodically to make sure that assets are properly aligned and adjustments are made in the strategies used to comply with any changes in tax laws and family situations. Since it has been sixteen years since you executed this trust, it would be a good idea to do this.