Can I make changes to a trust after I die?

In Pennsylvania, changes to a trust after you die are possible, but the rules and regulations vary. Generally, the trust must provide for changes in the document instrument itself. In other words, the trust must specifically state that changes can be made after the individual’s death. Without this, the trustee may be unable to make changes. In addition, if the trust is an active trust, meaning the trust is still in effect and transferring assets to beneficiaries, the trustee may be able to make changes to the trust if he or she obtains approval from the court. This process is known as a judicial modification. The court takes into account the original purpose of the trust and any changes that may be necessary to meet the goals of the original trust. Finally, if the trust creator left a Last Will and Testament, it may contain a clause that allows for changes to the trust after his or her death. This is known as a “power of appointment” and allows the testator to establish how the trust is to be modified upon his or her death. In conclusion, changes to a trust after death can be made in Pennsylvania, depending on the type of trust and the conditions of the trust. In general, if the trust allows for modifications then the trustee may be able to make changes while if the trust does not contain a provision for changes, then the court may need to grant approval for changes. Additionally, if the trust creator has left a Last Will and Testament, it may contain a power of appointment that allows for changes to the trust.

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