How do I amend or modify a trust?

In Michigan, amending or modifying a trust requires careful consideration and may require the assistance of a trust and estates attorney. To modify a trust, the settlor (person creating the trust) can prepare a written document that amends the language of the trust. The terms of the previous trust must be reviewed to ensure that there is no conflict between language in the old trust and the new trust. In some cases, a court action may be necessary to modify the trust. This process typically requires the filing of a petition in the county court in which the trust was created. The trust document will specify the court to be used in the case of any disputes. Depending on the specific facts of the case, the court may require a hearing to determine whether the modification should be approved. In Michigan, a trust can also be modified by agreement among all the beneficiaries of the trust. This occurs when the beneficiaries agree to modify the terms of the trust without court involvement. The agreement must set forth the specific terms of the trust modification and must be signed by all the beneficiaries. Depending on the circumstances, it may also be possible to modify a trust informally, without written documents or court involvement. This can occur when the settlor and the beneficiaries of the trust agree to make a minor modification to the trust. No matter the method used, amending or modifying a trust requires careful consideration and the help of a trust and estates attorney.

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