Estate planning is not a one-time task. While creating a revocable living trust and other estate documents is a critical step toward securing your legacy, equally important is keeping those documents up to date. Life changes, and when it does, your estate plan should reflect your current intentions, family situation, and financial circumstances. At the Kushner Legal Corporation, we regularly review trusts for clients who find that their current documents no longer reflect their wishes.

In California, the Probate Code provides flexibility for individuals to amend or revoke revocable trusts (see Probate Code § 15401) and update other estate planning documents like wills, powers of attorney, and advance healthcare directives. Below are five key moments when you should consider revisiting and amending your trust or estate plan.

Major Life Events: Marriage, Divorce, or New Children

Significant changes in your family structure warrant immediate attention to your estate plan. If you get married or divorced, or if you have or adopt a child, you may need to:

• Update your beneficiaries,
• Change successor trustees or executors,
• Modify guardianship designations for minor children.

Failing to revise your plan after a divorce, for example, could unintentionally leave assets to a former spouse. In California, Probate Code § 5040 provides that, upon divorce, provisions in a will or trust that favor the former spouse are automatically revoked, unless the document explicitly states otherwise. However, relying solely on this statute is risky—formal updates are always preferable.

A Significant Change in Financial Status or Assets

Whether you acquire new property, sell a business, inherit wealth, or experience a financial setback, your estate plan should be updated to reflect your current holdings and financial goals. A trust that was initially created when your estate was modest might not account for:

• Asset protection strategies,
• Tax minimization planning,
• Business succession plans.

In California, real property held in a revocable trust should be clearly titled in the name of the trust to avoid probate under Probate Code § 13050. If you acquire new real estate or significant financial assets, you should ensure they are properly funded into your trust.

Death or Disability of a Key Individual in Your Plan

Your estate plan likely names a number of important roles: successor trustee, executor, guardian, agent for healthcare, and more. If any of those individuals die, become incapacitated, move away, or are no longer someone you trust to handle your affairs, an amendment is in order.

California law allows for the appointment of alternate fiduciaries, but if none are named and your chosen agent is unavailable, the court may need to appoint a conservator or trustee—something your estate plan is designed to avoid. As outlined in Probate Code § 15642, a trustee may be removed by a court for cause, but proactive updates are a far better safeguard.

Changes in Law or Tax Code

Federal and state tax laws change frequently, and so do the rules affecting estate planning. For example, updates to the federal estate tax exemption, the SECURE Act’s changes to inherited retirement accounts, or California-specific laws around community property and trust administration could have unintended consequences if your plan is outdated.

A common example is the use of outdated A-B trust structures designed to minimize estate taxes when the exemption was much lower. With the current federal estate tax exemption exceeding $13 million (as of 2025), many older plans may be unnecessarily complex. Trust amendments or restatements can simplify administration and reduce future tax burdens.

It’s Been More Than Three Years Since Your Last Review

Even in the absence of major life events, your estate plan should be reviewed at least every three to five years. Over time, your values may shift, relationships may evolve, and your goals may change. A regular review can help you identify:

• Outdated distribution provisions,
• Missing successor agents or fiduciaries,
• Opportunities to incorporate new planning tools such as special needs trusts, charitable planning, or digital asset management.

Per California Probate Code § 15402, amendments to a revocable trust can be made at any time by the settlor, following the method provided in the trust or by a writing signed by the settlor and delivered to the trustee.

Conclusion

Keeping your estate plan current is one of the most important steps you can take to protect your legacy and avoid unnecessary conflict or court intervention. If you’ve experienced any of the changes listed above—or if it’s simply been a few years—it’s time to meet with a qualified California estate planning attorney.

At Kushner Legal Corporation, we help individuals and families throughout California update their estate plans to reflect their changing lives and goals. Contact us today to schedule a review.