Modification & Amendments of Trust Through Courts
Colorado Probate Lawyers
At Jorgensen, Brownell & Pepin, P.C., our Colorado probate lawyers assist clients with modifications and amendments to trusts. Backed by 30 years of experience, our reputable law firm has the well-versed knowledge and resources to provide time-sensitive legal assistance. If you wish to amend or modify a trust, you have come to the right place. We will listen carefully to your concerns and handle all the paperwork and details on your behalf.
What Types of Trusts Can Be Modified?
There are several different types of trusts that can be modified or amended through the courts including:
- A special needs trust
- Asset protection trust
- Charitable trust
- Irrevocable trust
If the trust documentation limits the ability to modify or amend a trust or the person allowed to amend or modify the trust is unavailable or incapacitated, the court may be able to order the modification or amendment of the trust. Courts will allow a trust to be modified if the person who created the trust ("settlor") and all the beneficiaries of the trust agree to the modification.
What If the Settlor Is Deceased?
If the settlor is deceased or is unable to grant consent, modifications to a trust are more complicated. In these circumstances, courts will generally not approve a modification of a trust if the change would be contrary to a material purpose of the settlor. However, courts are more likely to grant modification of a trust under changed circumstances. Our Colorado probate attorneys will help you evaluate your options if you are considering modifying or amending a trust. We are readily available to answer any questions you may have about modifications and amendments.
I would like to thank Ashley and her team for resolving my legal issues. This firm is outstanding and very professional, and they know the laws very well. I recommend using their services.