The attorneys at The Bowden Law Firm have significant experience assisting clients with the modification of irrevocable trust agreements, both through the judicial process and under Georgia’s non-judicial modification statute.  While there are numerous reasons why a modification may be the preferred, or sometimes necessary, cause of action, the most common issues relate to the removal of incapacitated trustees, appointment of successor trustees and division of a trust into multiple subtrusts.  The need to modify a trust often arises when the underlying trust agreement does not provide for a present situation, such as an unexpected death or incapacity of a trustee.  Such circumstances often involve complex questions of interpretation of the original trust agreement or the determination of beneficiaries.  Actions dealing with a trust will often have an impact that can last years, if not decades, and, as such, it is important to receive the expert advice to achieve the desired modification.