How to Make Changes to a Living Trust

By Beverly Bird

The ease with which you can make changes to your living trust depends on what kind of trust you created. If you made an irrevocable trust, you'll have an uphill battle. You generally cannot amend an irrevocable trust except under rare circumstances and with the express permission of the court. If your trust is revocable, however, you can make changes any time you like.

The ease with which you can make changes to your living trust depends on what kind of trust you created. If you made an irrevocable trust, you'll have an uphill battle. You generally cannot amend an irrevocable trust except under rare circumstances and with the express permission of the court. If your trust is revocable, however, you can make changes any time you like.

Step 1

Go online to find a form for a revocable living trust amendment. This is not a document you must file with a court, so it doesn’t require exact language and wording. However, there are certain things you’ll want to include, so having a format to follow is helpful.

Protect your loved ones. Start My Estate Plan

Step 2

Write your amendment. Print the name of your trust at the top and state if this is the first change you’ve made to it. If it is not, itemize the other changes you've made; list them by date. State whether this amendment supersedes the other changes, or if you intend them to remain in effect in addition to this new change.

Step 3

List the articles or numbered paragraphs in your original trust document that you want to change. After you cite each article or paragraph, state expressly that you are amending it to the language that follows. Detail the new, altered provision you want to include.

Step 4

Take your completed amendment to a notary public, along with a photo ID. Not all states require that you have your amendment notarized; check your state’s website to find out if yours does. You might want to have it notarized anyway. It can’t hurt and it might avoid any question after your death that you really intended to make this change and weren’t just considering it.

Step 5

Attach your notarized amendment to your original trust documents. Store them together. This will ensure that your successor trustee, the person you’ve appointed to take over management of your trust after your death, knows about the change and implements it.

Protect your loved ones. Start My Estate Plan
How to Revoke a Living Trust

References

Related articles

How to Make Changes to Wills in Georgia

If you live in Georgia, you may make changes to your will by executing a codicil. A codicil must comply with Georgia law regarding will formalities. In other words, a codicil requires a mentally competent "testator," or will maker, and two mentally competent witnesses to be valid in Georgia.

How to Prepare an Amendment to a Revocable Trust

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.

How to Modify a Living Trust

A living trust is a legal document that can benefit you and your beneficiaries during and after your lifetime by implementing a plan for managing your assets. However, situations may arise in which you find yourself needing to modify your living trust after it has been created. For example, you might sell some of the assets held in the trust or you might marry, divorce or have a change of heart about one or more of your beneficiaries. You can modify a living trust by drafting and executing an amendment to the trust. The laws of each state differ as to how this procedure is accomplished.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help.

Related articles

How to Amend a Last Will & Testament

Finishing your last will and testament can feel like a huge weight off your shoulders. However, as your life ...

Amending a Testamentary Trust

To set up a testamentary trust, you include language in your last will and testament stating your intention to ...

How to Restate a Living Trust

A living trust is a fully revocable trust that typically avoids the probate process. Trusts are established by a legal ...

Is a Handwritten Change on a Will Legal?

Individual state laws govern wills, so what you can do to your will without invalidating it depends on where you live. ...

Browse by category
Ready to Begin? GET STARTED