Why 2025 Could Be a Turning Point for Your Estate Plan
A proposed extension to the 2017 tax cuts could change how families plan—here’s what to know.

Founder / Attorney
Michael L. RutkowskiMay 13, 2025
Change is a part of life, whether it's the seasons, your family, or your finances. Estate plans are no different. While irrevocable trusts are built to be sturdy, they don’t have to be inflexible.
One of the biggest misconceptions we hear from families is:
“If it’s irrevocable, I’m stuck with it.”
That's not true. While there are rules, the law also provides thoughtful pathways to updating a trust when life calls for it. Sometimes, making those updates is the best way to keep your plan working for you and the people you care about.
Life rarely goes exactly as planned, and you should be able to adapt. Common reasons people seek to update their irrevocable trust include:
If you’re reading this and thinking, “That sounds like us,” you’re not alone.
Several legal tools are available, each with its own requirements, but all designed to keep your trust aligned with your goals.
Trust Protector
If your trust names a “protector,” this neutral third party may be able to make certain updates, like changing a trustee or correcting issues.
Consent of Beneficiaries
If everyone named in the trust agrees, some changes may be made with their approval, provided the law allows it.
Court Petition
Sometimes, the best path is through the courts. If the trust’s original purpose no longer fits, a judge can approve a change that better serves your family.
Decanting
A fancy word with a simple meaning: moving assets from one trust into a new one with updated terms. It’s like refreshing your estate plan while keeping the foundation intact.
If your irrevocable trust was set up more than a few years ago, or if your life has changed in any significant way since it was created, it’s a good idea to take a fresh look. This doesn’t mean it’s broken. It just means we want to be sure it still does what you want it to do.
And no, this isn’t something you need to figure out alone.
Most families should not attempt to modify an irrevocable trust without guidance. But with the right team, it’s not as overwhelming as it sounds.
At Rutkowski Law Firm, we’ll help you understand your current trust, explore your options, and guide you through any changes—clearly and legally.
Estate Planning is an essential process that will protect your assets and ensure you’re your estate is distributed according to your wishes after your death.
Many people make mistakes when creating their estate plan, which can lead to unnecessary stress, confusion, and costly legal battles for their loved ones. Below, our estate planning team put together the top 10 and most common mistakes we see in estate planning.
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