Can a Surviving Grantor Parent Change the Terms of a Trust on Which Our Entire Family Has Agreed?

While it depends completely upon the type of Trust originally created, in most instances a Trust can be altered.

A Revocable Living Trust is just that — revocable.  Depending on the language utilized within the Trust document, a Revocable Living Trust can be modified, altered or terminated by the Grantor at any time.

If the Trust in question allows for modification by the Grantor (and/or if the document is silent on the issue of alteration or revocation, then assume that it can be modified or altered), the Grantor is absolutely free to change the terms of the Trust — regardless of the wishes of any beneficiaries or trustees.

If you need legal advice to determine what type of Trust exists, we suggest you consult an attorney. To find a local attorney for FREE, visit Standard Legal’s Attorney Find page.

To create a new Revocable Living Trust with easy-to-use self-help legal documents, see Standard Legal’s Living Trust legal forms software page.