What is a trust amendment?

A trust amendment is a document that allows the trustee (the person responsible for the trust) to make changes to the trust agreement, which is the legal document that sets out the terms of the trust. In Texas, a trustee can amend a trust agreement if it is for the benefit of the beneficiary (the person who receives the trust’s benefits). An amendment can include changing the terms of investments, adding or removing a trustee, adjusting how distributions are made, changing the rules of the trust, or adding beneficiaries. In Texas, the amendment must be signed by the trustee and signed by a notary. Once the amendment is completed it must be filed with the Texas Office of the Secretary of State. Amendments can only be made if they do not violate the terms of the original trust agreement and are in the best interest of the beneficiary. In the case of Elder Law in Texas, an amendment to an existing trust can provide additional protections and allow a senior to make changes to their trust if needed.

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