Quora Answer: Can a Family Trust Established by My Father, Prior to His Passing, be Changed?

The following is my answer to a Quora question: “Can a family trust, established by my father, prior to his passing, be changed to name my mother as the grantor?  This new trust significantly affects me and my two daughters as part of the family trust.”

You have to consider the nature of the testamentary trust, and whether the trust agreement is silent on the matter, or specifically forbids it.  Secondly, assuming the first case, the trustees have to be agreeable to it.  And, it cannot negatively affect the existing beneficiaries.  If the trustees agree, then they need to amend the trust agreement.  I cannot comment on the legal process since this varies depending on where you are, so you may require an attorney.