In estate planning, trusts are used to provide a set rule for protecting and distributing wealth according to your wishes. However, sometimes a trust may not go through due to changes in circumstances or unforeseen developments. This is where trust reformation comes in and this is the best time to hire a trust attorney. 

Trust reformation is a process where you can modify or correct certain terms of your trusts due to an error or the intent of the grantor is no longer feasible. This article will explain more about the role of a trust attorney in trust reformation. Read on:

What are the reasons for seeking trust reformation?

Below are some of the reasons people seek trust reformation:

• Due to changes in tax laws 

You may have to reform your trust when there’s been an updated tax law to ensure it remains tax efficient. 

• Due to errors 

Sometimes, there might be errors in the process of drafting your trust document and this can cause problems in the future. This could be errors like failing to account for certain assets or beneficiaries. 

• Due to a change in circumstances 

Sometimes, life events such as the arrival of new babies, divorce or death may affect the terms of your trust and require new realities.

Role of Trust Attorneys in Trust Reformation

The service of a trust attorney is non-negotiable when it comes to trust reformation. They ensure that the reformation process complies with state laws and that the original intent is preserved as much as possible. Trust attorneys play the following roles in trust reformation.

• Legal expertise

Trust reformation is an aspect of law with complex legal intricacies. Attorneys who focus on trust and estate laws are familiar with this process and can determine whether reformation is advisable without interfering with the original intent of the trust.

• They help in navigating state laws

Trust laws vary from state to state and have different rules about how and when trust can be reformed. An experienced attorney ensures that the reformation is in line with the legal requirements of the state.

• They provide litigation support

If a disagreement arises during the process of trust reformation among the beneficiaries, the trust attorney can step in and help resolve the conflict. They can represent the interest of the grantor or trustees in court.

• Protecting grantor intent

The essence of trust reformation is to maintain your intent as the originator of the trust. Trust attorneys ensure that the changes to the trust reflect your wishes as the grantor while adapting to changes. 

Conclusion

An effective trust reflects the wishes of the grantor. Trust reformation comes in when certain changes in the trust need to be made. Trust attorneys play a major role in this process and provide professional guidance to ensure a seamless reformation process. Trust attorneys help to draft petitions, they also represent you in court and ensure your trust complies with state laws. If you’re considering a trust reformation, hiring a skilled trust attorney is your best option.