Yes. You can ask a different estate planning attorney to review and update a living trust created by another lawyer. You do not have to return to the attorney who drafted it. The new attorney can evaluate the trust, explain whether changes are needed, and recommend a suitable way to make them.
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When should another attorney review my living trust?
A second review can be especially helpful if your original attorney retired, is unavailable, no longer regularly works in estate planning, or has not followed up with you for years. It also makes sense to seek a review after major changes in your family, finances, or the law. Learn more about modifying an existing living trust.
Will the attorney need to review more than my trust?
Yes. A trust is one part of a complete estate plan. The attorney should also check your will, financial powers of attorney, health care documents, asset titles, and beneficiary designations. Documents that appear sound individually may not work as intended when they are not coordinated. A living trust-centered estate plan must account for how your assets are actually owned.
Does updating a trust mean starting over?
Not necessarily. A limited change may be handled with an amendment. If many terms need revision, an attorney may recommend a full restatement that updates the trust while retaining its original identity. In some circumstances, a new plan may be appropriate. The right approach depends on the existing documents and your current goals, not simply on who wrote the trust originally.
What should I bring to a trust review?
Bring the signed trust and amendments, your will and other estate planning documents, recent statements showing how major accounts are titled, property information, and any beneficiary designations you can find. Having those materials available can help the attorney identify gaps before making changes.
How can I learn more about updating my trust?
The Law Firm of Kavesh, Minor & Otis, Inc. offers educational resources for California families. You can register for a free estate planning seminar to learn more about when a living trust needs review and how to keep your overall plan working together.
