Can a trust be changed after death?

Usually not. Most trusts become irrevocable at death, meaning the terms generally cannot be changed simply because circumstances or family relationships have changed.

However, limited modifications may sometimes be possible through court approval, settlement agreements, tax planning strategies, decanting provisions, or powers already built into the trust document. Sophisticated trust planning often includes flexibility provisions designed to address future legal and tax changes.

 

Philip J. Kavesh
Helping clients with customized estate planning guidance and trust & estate administration for over 45 years.