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Trust amendments & restatements

Keep your plan aligned with the life you are living.

As relationships, property, and priorities evolve, your estate plan deserves a fresh look. We review your existing documents and recommend focused amendments or a comprehensive restatement where appropriate. Assets already properly titled in the continuing trust generally do not need to be transferred again.

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Couple smiling as they read a document in their kitchen
What it is

Amendment or restatement?

When only a few terms need to change, such as a trustee or a gift, a focused amendment may be appropriate. Which approach is right depends on what has changed and how the trust is drafted, and we recommend it only after reviewing your documents.

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A restatement rewrites the whole trust in one clean document while keeping the original trust's name and date. Because the trust itself continues, assets already properly titled in it generally stay where they are. When several things have changed, a restatement is often clearer for everyone; a trust’s age alone does not require one.

Reasons to update

When to take another look

  • Marriage, divorce or a new child
  • A trustee or beneficiary has changed
  • New property, or a move to California
  • A trust that has not been reviewed in several years
  • Changes in tax law or the size of your estate
Process

How we work together

  1. Step 1: Gather your information
  2. Step 2: Design consultation
  3. Step 3: Review your documents
  4. Step 4: Sign & fund your plan
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  1. 1. Gather your information. Our team sends a simple questionnaire and organizes your family, property and account details before we meet.
  2. 2. Design consultation. We meet, usually by Zoom, to design your plan: who receives what, who is in charge and how to protect your children.
  3. 3. Review your documents. Your completed plan is prepared from our design meeting and sent to you to review before signing.
  4. 4. Sign & fund your plan. We guide you through signing with the witnesses and/or notary appropriate to each document, then explain how to place the right assets in your trust. For clients who prefer the convenience of our assistance, California deed preparation and recording services are available for a separate fee.

A member of our staff will call you to learn about your needs, explain our fees, and schedule your appointment. See the full process on the What to expect page.

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“She was very knowledgeable, addressed all our concerns, clarified our questions, pointed out limitations in our existing documents, and recommended the best options to fit our needs… Highly recommended!”
Emily S., San Jose

Testimonials describe individual experiences. Results depend on the facts and law applicable to each matter and will differ when those facts differ.

Common questions

Trust amendments & restatements: common questions

All FAQs →
How often should I update my estate plan?

Review it every three to five years, and after any major change: marriage, divorce, a new child, buying or selling property, or a move.

My trust was prepared by another attorney. Can you update it?

Yes. We review your existing documents first and recommend an amendment or a restatement based on what has changed.

Related services
Begin

Bring your trust up to date.

Meetings are by appointment, weekdays 9:30 AM – 5:00 PM, by Zoom or at our offices. Call 888.380.2288 or 415.693.8882, or request a time online. Consultations in English, Cantonese or Mandarin.

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