The Trust Amendment form is a legal document used to modify an existing Revocable Living Trust. This form allows Grantors and Trustees to make changes without the need for witnesses or notarization, provided it is signed by the involved parties. Properly completing and storing this document is essential for ensuring that your trust reflects your current wishes.
When it comes to managing your estate, a Revocable Living Trust can offer flexibility and control that a traditional Will may not. One key aspect of this trust is the ability to amend it as your circumstances or wishes change. The Trust Amendment form is a straightforward document that allows you to modify the terms of your existing trust without the need for witnesses or notarization. It must be signed by both the Grantors and the Trustees, who are typically the same individuals in most cases. This simplicity can be reassuring, knowing that you can adapt your estate plan with relative ease. Once completed, it’s essential to store the original amendment securely alongside your other important legal documents, while keeping a copy in your Document Portfolio for easy access. The following sections will provide a sample filled-out Revocable Living Trust Amendment form, along with a blank template for your use, ensuring you have the necessary tools to make these important updates with confidence.
When filling out the Trust Amendment form, it is important to follow certain guidelines to ensure the process goes smoothly. Below is a list of things to do and avoid.
When filling out and using the Trust Amendment form, consider the following key points:
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Revocable Living Trust Amendment
Unlike a Will, a living trust is controlled by contract law rather than by the probate code under state law. An amendment to a Revocable Living Trust must be in writing, but it does not need to be witnessed. It does not need to be notarized. It does need to be signed by the Grantors of the Trust and the Trustees of the Trust since they are both parties to the Trust Agreement. In most cases, with a Revocable Living Trust, these are the same people.
After the Revocable Living Trust has been signed, the original should be placed with your other legal documents in a safety deposit box or a fire-proof cabinet and a copy put in your Document Portfolio.
The following pages contain a sample filled-out Revocable Living Trust Amendment form which will guide you on how to complete the form, and a blank Amendment for you to complete.
THE
REVOCABLE LIVING TRUST
AMENDMENT
THIS
AMENDMENT to the Trust Agreement made this
day of
,
executed between
, hereinafter
referred to as the Grantor(s) and
hereinafter referred to as the Trustee(s).
WHEREAS, the Grantor(s) and the Trustee(s) entered into a Revocable Living Trust
dated, hereinafter called the Trust Agreement, and
WHEREAS, Articleof the Trust Agreement provided that the
Grantor(s) reserve(s) the right to amend in any manner or revoke in whole or in part the Trust Agreement, and
WHEREAS, the Grantor(s) is/are desirous of modifying and amending the Trust Agreement and the Trustee(s) is/are agreeable to the modification and amendments contained herein,
NOW THEREFORE, IT IS AGREED:
IN WITNESS WHEREOF, Grantor(s) has hereunto subscribed his/her name
to the
Amendment to this TRUST this day of
, 20
.
GRANTOR
STATE OF
)
) SS
COUNTY OF
The foregoing instrument was acknowledged before me this
20, by the Grantor.
SEAL
Notary public:
My Commission Expires:
1
referred to as the Trustee(s).
Grantor(s) reserves the right to amend in any manner or revoke in whole or in part the Trust Agreement, and
WHEREAS, the Grantor(s) is desirous of modifying and amending the Trust Agreement and the Trustee(s) is agreeable to the modification and amendments contained herein,
IN WITNESS WHEREOF, Grantor(s) has hereunto subscribed his/her name to the
Amendment to this TRUST this
Misconceptions about the Trust Amendment form can lead to confusion and potential issues in managing a living trust. Here are four common misconceptions:
Understanding these misconceptions can help individuals navigate the complexities of managing their living trusts more effectively.