Written by Mike Christensen. Read more about the author.
Most people who set up a living trust assume it’s locked in once signed. That’s not how it works — at least not with a revocable living trust. Over the years, I’ve had countless clients come to me at Michael D. Christensen Law Offices, LLC relieved to learn that the document they drafted years ago can be updated, amended, or torn up entirely. If you’re a Columbus resident asking these questions, you’re in the right place. This post walks through the practical side of trust changes — not just the theory.
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Can I Change or Revoke My Living Trust in Ohio in Columbus?
Yes. If you created a revocable living trust in Ohio, you generally have the right to change it, amend it, or revoke it entirely at any time while you’re alive and mentally competent. That flexibility is the defining feature of a revocable trust and the main reason so many Ohio families choose one over alternatives.
Under Ohio law, the power to revoke or amend a trust is governed by the Ohio Trust Code, codified at R.C. 5801.01 et seq. Specifically, R.C. 5805.02 provides that a settlor — the person who created the trust — may revoke or amend a revocable trust by substantially complying with the method specified in the trust document itself, or, if the trust doesn’t specify a method, by a later will or codicil expressly referring to the trust, or by some other written document signed by the settlor and delivered to the trustee.
In practice, here’s what that looks like. Most well-drafted trusts include a short amendment provision. If you want to change a specific term — say, updating a beneficiary from a former spouse to your adult child — your attorney drafts a trust amendment, you sign it, and it becomes part of the trust record. For more significant changes, a full restatement is often cleaner. A restatement rewrites the entire trust document from scratch while keeping the same trust entity, which means assets already titled in the trust’s name don’t need to be retitled.
Full revocation is also straightforward. You sign a written revocation, deliver it to the trustee (often yourself, if you named yourself as initial trustee), and then retitle any trust assets back to yourself individually or transfer them elsewhere.
One important caution I give every Columbus client: once you die or lose mental capacity, a revocable trust becomes irrevocable. After that point, neither a co-trustee nor a successor trustee can make substantive changes. That’s why addressing updates while you’re healthy matters more than most people expect.
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Is a Living Trust Better Than a Will in Ohio?
This is probably the question I field most often, and my honest answer is: it depends on what problem you’re trying to solve.
A will does not avoid probate. Many people believe it does, and that belief leads to frustration for families who discover they still have to open an estate with the Franklin County Probate Court despite a carefully drafted will. A will directs how your probate assets pass — it doesn’t remove them from the probate process.
A revocable living trust, used alongside a pour-over will and properly funded with your assets, can sidestep probate almost entirely for those trust assets. Ohio’s probate process isn’t always brutal, but it adds time and some cost, and it creates a public record. For families with real property in multiple states or a desire for privacy, avoiding probate has real value.
That said, a trust costs more to create than a will and requires the extra step of funding — actually retitling assets into the trust’s name. I’ve seen clients pay to have a trust drafted, then never fund it, which means their estate goes through full probate anyway. That outcome is worse than just starting with a will.
For simpler estates, a will combined with beneficiary designations on retirement accounts and life insurance, transfer-on-death designations on bank accounts (available under R.C. 1109.07), and joint survivorship titling on real property may accomplish most of what a trust would. Whether a trust makes sense depends on the size and complexity of your estate, your family situation, and your goals. There’s no universal right answer. The American Bar Association publishes general guidance on the will-versus-trust question, though Ohio-specific decisions require local counsel.
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Can an Ohio Revocable Living Trust Protect Assets From Nursing Home Costs?
This is where I have to be direct, because there’s a lot of misinformation circulating on this topic, and believing it can be genuinely costly.
A revocable living trust does not protect your assets from nursing home costs or Medicaid eligibility determinations. The reason is straightforward: because you retain the right to revoke the trust and take the assets back, Medicaid counts those assets as yours. Ohio’s Medicaid program applies a look-back period when reviewing asset transfers, and a revocable trust offers no shelter from that analysis.
If asset protection from long-term care costs is a real concern, the planning tools are different — and more complex. Irrevocable trusts, certain annuity strategies, and Medicaid-compliant planning require careful work with an attorney who understands both Ohio’s Medicaid rules and federal requirements. The timing matters enormously. Because Medicaid applies a look-back period for transfers made before an application, this planning generally needs to happen well in advance of any care need. I strongly recommend consulting with a qualified estate attorney before making any moves — the rules here are technical and the consequences of errors are significant. For general background on Medicaid and long-term care, FindLaw has accessible overview materials, though Ohio-specific rules require Ohio-specific advice.
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How Do I Choose the Right Trustee for an Ohio Living Trust?
Most people name themselves as the initial trustee of their own revocable trust, which is appropriate. You keep full control while you’re alive and competent. The decision that actually matters is who you name as successor trustee — the person or institution that steps in when you can’t.
In my experience, clients default to naming a family member without thinking through what that role actually requires. A trustee must manage trust assets, keep records, file any required accountings, make distributions to beneficiaries according to the trust terms, and handle tax matters. That’s a real job, and not everyone is equipped for it regardless of how much they love you.
Here are the questions I walk clients through when choosing a successor trustee:
First, is this person organized and financially responsible? Not wealthy — responsible. Someone who pays their own bills on time and keeps records.
Second, is this person likely to be available and geographically accessible when needed? A sibling in another time zone isn’t disqualified, but the practical friction is real.
Third, are there family dynamics that could create conflict? Naming one adult child over another can cause problems if the trust terms aren’t crystal clear. I’ve seen well-intentioned trustee designations tear apart siblings because the surviving parent never thought through how it would feel to the others.
If no family member fits the bill — or if the estate is large or complex enough to warrant it — a corporate trustee such as a bank trust department is worth considering. They charge fees, but they bring neutrality and professional infrastructure that a family member often can’t match.
Ohio law under R.C. 5808.01 et seq. sets out the duties of a trustee. The Cornell Law School Legal Information Institute has a readable overview of trustee duties under the Uniform Trust Code, which Ohio largely follows.
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What Assets Can Bypass Probate in Ohio With a Trust?
Assets held in the name of your revocable living trust avoid probate when you die because they’re not part of your probate estate — they’re owned by the trust entity. But the trust only controls what’s actually in it. Assets that never got retitled stay outside the trust and may end up in probate regardless.
The assets that move cleanly through a properly funded trust include real estate titled in the trust’s name, bank and investment accounts retitled to the trust, and business interests transferred to the trust. A pour-over will can capture assets inadvertently left out and direct them into the trust, though that process does involve probate for those specific assets.
Beyond the trust itself, several other mechanisms bypass probate in Ohio without any trust involvement. Retirement accounts — IRAs, 401(k)s — pass directly to named beneficiaries outside probate. Life insurance proceeds work the same way. Ohio allows transfer-on-death designations for real estate under R.C. 5302.22, which lets you name a beneficiary on a deed who takes title at your death without probate. Bank accounts can have payable-on-death or transfer-on-death designations. Joint survivorship accounts and jointly held real estate also pass outside probate.
Understanding which assets need to be in the trust and which can use simpler designations is part of how I help clients avoid the common trap of over-complicating their plan. For a deeper look at Ohio-specific probate exemptions, Justia’s Ohio statutes database is a useful reference.
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Do I Need a Trust Attorney If I Already Have a Will in Ohio?
This question usually arrives after a life change — a divorce, a serious illness, the birth of a grandchild, or acquiring a rental property. The will is already in the drawer. Does the client really need to do more?
Sometimes yes, sometimes no. A will alone may be sufficient if your estate is straightforward, your assets already have beneficiary designations or transfer-on-death designations in place, you have one state of residence and no out-of-state property, and your family situation is uncomplicated.
But a trust attorney adds real value when any of the following applies: you own real estate in multiple states (each state’s probate court would need to open a separate proceeding); you have a blended family or complicated beneficiary relationships; you want to leave assets to a minor or someone with special needs; you’re concerned about a beneficiary’s ability to manage a lump-sum inheritance; or you want to keep your estate plan private.
I would also say that even clients who don’t need a trust benefit from having an attorney review their existing will and beneficiary designations together. Mismatches between a will and a beneficiary designation are more common than you’d think, and the beneficiary designation wins every time regardless of what the will says. That’s a fact that catches families off guard and can produce results the deceased person never intended.
Ohio has specific requirements for valid wills, trusts, and related documents. An online template may look complete but fail to meet those requirements in ways that aren’t obvious until it’s too late. The Pew Research Center has documented how many Americans use DIY estate planning tools without professional review — and the downstream complications that can result are well-documented in legal literature.
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Updating Your Trust After Major Life Events
One pattern I see repeatedly: a client creates a solid trust, then life changes significantly, and the trust never gets updated. Marriages, divorces, deaths of named trustees or beneficiaries, new children or grandchildren, moving to a new home, selling a business — any of these can make an existing trust incomplete or even counterproductive.
Ohio law does allow trust amendments after the fact, as discussed above, but the amendment process has to follow the rules in the document and under R.C. 5805.02. A handwritten note in the margin of a trust document is not a valid amendment. I’ve seen that attempted, and it creates litigation.
The practical rule: review your trust every three to five years at minimum, and review it immediately after any major family or financial event. If you’re not sure whether something triggers a needed update, that uncertainty is itself a reason to call.
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Talk to a Columbus Estate Attorney Before Making Changes
Trust law in Ohio has nuances that generic internet research won’t catch. Whether you want to revoke a trust you set up decades ago, add a new beneficiary, change your successor trustee, or figure out whether your existing will needs a trust alongside it, getting specific legal advice is worth the time.
At Michael D. Christensen Law Offices, LLC, I work with Columbus-area residents on revocable trusts, trust amendments, pour-over wills, and full estate plans. My practice serves clients throughout Ohio, and I bring a practical approach focused on what actually fits your situation — not a one-size-fits-all package.
You can learn more about my background and approach before we speak.
To schedule a consultation, call our office at (614) 300-5000 or reach out through our website. We’re located at 3341 W Broad St, Columbus, OH 43204, United States.