Antelope Valley estate planning law firm Thompson Von Tungeln explains how the amendment process to a revocable trust, a very popular estate-planning tool, can create confusion and problems for the heirs to the trust.
A revocable trust is an extremely popular California estate planning tool because it is very flexible, said Kevin Von Tungeln, partner at Thompson Von Tungeln. A revocable trust provides
protection from probate, offers privacy regarding assets, allows for a smooth process in the event of incapacitation and amends easily. But the ease of amending can create a host of
problems if amendments do not follow the requirements set forth in the trust or give conflicting instructions.
Amendments to a revocable trust can be as simple as a signed, dated, handwritten note delivered to the trustee. The amendment process can be established in the trust documents and must
follow state law. Beyond that there is great flexibility given to the trust creator.
Anyone updating a trust should take a long, hard look at the amendment provisions of the trust, said Von Tungeln. By being very specific about how the trust can be amended, the trust
creator can remove a number of potential sources of confusion for his or her heirs. The instructions do not have to be overly restrictive to be effective. The alternative is the real
possibility of post-death litigation created by confusing amendments. All that accomplishes is reducing the value of the trust through litigation costs.
About Kevin Von Tungeln
With more than 17 years's legal experience, Kevin L. Von Tungeln serves Thompson Von Tungeln in the areas of estate planning, probate, trusts, wills, trust administration,
conservatorships, guardianships and elder law. He is certified by the State Bar of California Board of Legal Specialists as a Board Certified Specialist in Estate Planning. Get to know
more about Kevin'ss approach to estate planning by viewing his informational videos at: http://tinyurl.com/d59rz2 Kevin can also be found at
LinkedIn by going to: www.linkedin.com/in/kevinvontungeln
About Thompson Von Tungeln
Antelope Valley estate planning law firm Thompson Von Tungeln (TVT) offers sophisticated estate planning and administration for the affluent, discriminating client. As Board Certified
Specialists in Estate Planning, Trusts and Probate as certified by the State Bar of California Board of Legal Specialization, partners Mark E. Thompson and Kevin L. Von Tungeln are
expertly equipped to serve these clients with the creative, effective and custom solutions they demand. For more information, contact TVT at 661-945-5868 or visit their website at
EstatePlanningSpecialists.com.