How to Prepare an Amendment to a Revocable Trust

By Tom Streissguth

You create a living trust to transfer assets to the control of a trustee, who has the legal authority to manage the assets and distribute them to your named beneficiaries according to your instructions. A revocable trust is one that you may legally amend at any time with the use of a simple amendment.

You create a living trust to transfer assets to the control of a trustee, who has the legal authority to manage the assets and distribute them to your named beneficiaries according to your instructions. A revocable trust is one that you may legally amend at any time with the use of a simple amendment.

Step 1

Obtain a copy of your revocable trust. The document should be kept in a safe place, either at home, in a safe deposit box or with the attorney handling your estate-planning work. Ensure that this copy of the trust is the latest version and that your trustee is aware of the amendment you will be making.

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Step 2

Write up the amendment to your trust. Use a blank page with the heading "Amendment," and describe the changes you wish to make in the text below. Consult an attorney before completing this step, as trust amendments must conform to the laws of the state in which you reside.

Step 3

Sign and date the amendment after the last paragraph. Have your signature witnessed by at least two individuals, neither of whom should be the trustee. Alternately, have your signature to the amendment notarized. A notary public holds a commission from the state to witness and verify signatures on legal documents.

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Amending a Living Trust in California

References

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