Q: Living trust amendment not signed before death but...Dad gave power to amend to trustee ???
15401. (a) A trust that is revocable by the settlor or any other person may be revoked in whole or in part by any of the following methods:
(1) By compliance with any method of revocation provided in the trust instrument.
(2) By a writing, other than a will, signed by the settlor or any other person holding the power of revocation and delivered to the trustee during the lifetime of the settlor or the person holding the power of revocation. If the trust instrument explicitly makes the method of revocation provided in the trust instrument the exclusive method of revocation, the trust may not be revoked pursuant to this paragraph.
(b) (1) Unless otherwise provided in the instrument, if a trust is created by more than one settlor, each settlor may revoke the trust as to the portion of the trust contributed by that settlor, except as provided in Section 761 of the Family Code.
(2) Notwithstanding paragraph (1), a settlor may grant to another person, including, but not limited to, his or
A: If a trust amendment has not been signed by the trustor or an agent acting on behalf of the trustor under a power of attorney before the death of the trustor, it is ineffective.
Steven J. Fromm agrees with this answer
A: Generally, revocable trusts become irrevocable at the moment of the death of the grantor/settlor of this trust. However, if there is something in the trust that allows for modifications but maybe not an amendment, a close reading by a trained estate attorney would be prudent here. Perhaps you are referring to a limited power of appointment or general power of appointment. Without seeing the trust document, no definitive answer can and should be given.
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