Trust Amendment

[Sebastion]

What is the name of your state (only U.S. law)? Kansas

Hi appreciate the help. Thanks in advance.

Our trust is setup in a way that my father receives a comfort benefit while protecting the assets from him until he passes. At that point the trust is setup to disperse to me and my brother.

10 years ago my grandmother added a gifting amendment to her trust to distribute the max yearly to me and my brother. She died 3 months after adding the new amendment and upon her passing, that amendments language also died as its legal intended purpose was for while she was living.

Now I want to renew the language to restart the program. The trustee did say he's seen it done, but it has to go to court. I've looked at Kansas UTC and found a part where a irrevocable trust could be amended by unanimous consent.

I don't want to spend a whole bunch of money, just for it to be denied. Is this something that would be doable? What kind of price range is it going to cost to get it before a judge?? The only lawyer i've been able to find in sw kansas is quoting me @ 240$/hr.

 

[TrustUser]

What is the name of your state (only U.S. law)? Kansas

Hi appreciate the help. Thanks in advance.

Our trust is setup in a way that my father receives a comfort benefit while protecting the assets from him until he passes. At that point the trust is setup to disperse to me and my brother.

10 years ago my grandmother added a gifting amendment to her trust to distribute the max yearly to me and my brother. She died 3 months after adding the new amendment and upon her passing, that amendments language also died as its legal intended purpose was for while she was living.

Now I want to renew the language to restart the program. The trustee did say he's seen it done, but it has to go to court. I've looked at Kansas UTC and found a part where a irrevocable trust could be amended by unanimous consent.

I don't want to spend a whole bunch of money, just for it to be denied. Is this something that would be doable? What kind of price range is it going to cost to get it before a judge?? The only lawyer i've been able to find in sw kansas is quoting me @ 240$/hr.

i am confused ?

first, you mention "our trust". upon your description, my best guess is that this is your dad's revocable trust, that passes on to you and your brother ?

second, you mention your grandmother adding a gifting amendment to you, while she was alive. now she has passed ? this seems to be a different trust, than the one you mentioned earlier ?

i am also under the impression that it is your grandmother's trust that you want to get amended, such that you can continue to receive your yearly stipend ?

if so, then "our trust" seems to be irrelevant in this discussion ?

below, i have posted the url to what i think is the kansas code to which you are referring.

here is part b) (b) A noncharitable irrevocable trust may be terminated upon consent of all of the qualified beneficiaries if the court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust. A noncharitable irrevocable trust may be modified upon consent of all of the qualified beneficiaries if the court concludes that modification is not inconsistent with a material purpose of the trust.

1) are you a qualified beneficiary ?

2) are all beneficiaries in agreement ?

3) is modification consistent with the material purpose of the trust ?

as far as attorney - i think i would give him the answers to these questions, and see what his response is. you might want to ask him if he is willing to be paid, only if he is successful ? his answer may give you a good idea as to the likelihood of you having a successful outcome.

http://www.ksrevisor.org/statutes/chapters/ch58a/058a_004_0011.html