How to make changes to a revocable trust

On Behalf of | Sep 14, 2020 | Estate Planning And Probate

A revocable living trust is an estate planning tool that allows you to transfer assets outside of your estate. The trustee is responsible for managing and distributing property held inside of it per your instructions. Take a closer look at what you need to do if you wish to amend the trust.

The amendment should be created on a blank page

The change that you want to make should be written on a blank piece of paper that has the word “amendment” on it. After you are satisfied with the alteration to your trust, have your attorney review it to ensure that it conforms with state law. If it does not, it may be declared invalid at a later date. It is a good idea to let the trustee know that you have altered your trust’s language. It may also be a good idea to provide an updated copy of the trust to the trustee or to your attorney for safe keeping.

Make sure to properly sign and date the amendment page

For an amendment to be valid, you must sign and date the page it was written on. The change must also be witnessed by two individuals who are not affiliated with the trust. Alternatively, you can have the document notarized as notaries are authorized by the state to witness edits to an existing revocable trust.

It may be a good idea to work with an estate planning and probate attorney when drafting or changing a revocable trust. This person may ensure that the changes are made in accordance with state law. An attorney may also be able to provide insight into whether you should make a simple amendment or rewrite the entire trust so that it meets your needs.