21st May 2013

First, only a revocable trust may be amended, and that power must appear in the trust document, and identify what party or parties have the right of revocation and amendment. Normally, it is the settlor or settlors (sometimes referred to … more

2nd Dec 2012

No.  As the creator of the trust, you have 2 powers that give you ultimate control over the Living Trust:  The power to amend the trust, and the power to revoke the trust.  Also, during your lifetime, as long you … more

THE TRAGEDY OF A “BOTCHED TRUST”

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17th Apr 2010

I am often asked to review and amend living trusts or family trusts that have been not been originally prepared by me.  Tragically, some of these turn out to be a “botched trust”.  A “botched trust” is a trust that will ultimately fail when … more