How do I amend or modify a trust?

In Florida, amending or modifying a trust is a relatively simple process. Generally speaking, if the trust agreement gives the grantor - the person who created the trust - the authority to amend or modify the trust, then you may do so without court approval. This is known as a non-judicial amendment. In most cases, amending a trust requires preparing and filing a written document known as an amendment or modification. This document should include the name of the trust, the date the trust was created, and a description of the changes that you are making. It should be signed by the grantor, notarized, and then filed with the court. In certain cases, a court may be required to approve changes to a trust. This typically occurs when a trust has already been funded and is in the midst of being administered. In those cases, a petition must be filed with the court that describes the reason for the amendment and the proposed changes. The court will then make a determination as to whether the amendment is in the best interest of the trust beneficiaries. In summary, amending or modifying a trust in Florida is relatively straightforward if the trust agreement permits the grantor to do so without court approval. If court approval is needed, then a petition must be filed with the court setting forth the proposed changes.

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How do I amend or modify a trust?

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