What is a trust modification?

A trust modification is an alteration of a trust document that modifies or revises its terms. In Montana, trust modifications are governed by the Montana Uniform Trust Code. The trust modification must be in writing and signed by all required parties, such as the settlor (person who created the trust), the trustee (person responsible for managing the trust), and the beneficiaries. Trust modifications are used to change details pertaining to the trust, such as trust beneficiaries, trustee duties, or the trust’s purpose. They may also be used to add trust assets or modify how the trust’s assets are distributed. However, the trust modification cannot conflict with the trust’s original terms, and any changes made by the modification must be in the best interest of the beneficiaries. Trust modifications can be used for a variety of reasons, such as solving a dispute between trustees or beneficiaries, changing a beneficiary’s share of the trust’s assets, or responding to changes in tax laws. When considering a trust modification, it’s important to work with an experienced estate planning attorney to ensure that the modification is in compliance with Montana law and the settlor’s intentions.

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