Fill Out a Valid Trust Amendment Form

Fill Out a Valid Trust Amendment Form

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.

Access This Trust Amendment Now

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.

Dos and Don'ts

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.

  • Do ensure that the amendment is in writing.
  • Do sign the amendment as both the Grantor and Trustee.
  • Do keep the original document in a safe place, such as a safety deposit box.
  • Do include the date and names of the Grantor(s) and Trustee(s) clearly.
  • Don't forget to make a copy for your Document Portfolio.
  • Don't worry about having the amendment witnessed or notarized.
  • Don't leave the original document in an unsecured location.
  • Don't overlook any specific provisions that need to be amended in the Trust Agreement.

Key takeaways

When filling out and using the Trust Amendment form, consider the following key points:

  • The Trust Amendment must be in writing.
  • It does not require witnesses or notarization.
  • Both the Grantors and Trustees must sign the amendment.
  • Typically, the Grantors and Trustees are the same individuals.
  • Store the original Trust Amendment with other legal documents.
  • A copy of the amendment should be kept in your Document Portfolio.
  • Refer to the sample filled-out form for guidance on completion.
  • Fill in the specific date and names in the designated areas.
  • Ensure that the amendment reflects your desired changes accurately.

Find Common Documents

Example - Trust Amendment Form

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

 

day of

,

 

 

 

 

 

 

20, by the Grantor.

SEAL

Notary public:

My Commission Expires:

1

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) 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,

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

 

day of

,

 

 

 

 

 

 

20, by the Grantor.

SEAL

Notary public:

My Commission Expires:

Misconceptions

Misconceptions about the Trust Amendment form can lead to confusion and potential issues in managing a living trust. Here are four common misconceptions:

  • It must be witnessed. Contrary to popular belief, a Revocable Living Trust Amendment does not require witnesses. The law specifies that it only needs to be in writing and signed by the Grantors and Trustees.
  • It needs to be notarized. Many people think notarization is necessary for a Trust Amendment. However, notarization is not a requirement, simplifying the amendment process.
  • Only the Grantor can amend the trust. While the Grantor typically has the right to amend the trust, the Trustees must also sign the amendment. This ensures that all parties involved agree to the changes.
  • The original document must be kept in a specific location. Although it is recommended to store the original Trust Amendment in a safe place, such as a safety deposit box or a fire-proof cabinet, the law does not dictate a specific location. What matters is that it is accessible when needed.

Understanding these misconceptions can help individuals navigate the complexities of managing their living trusts more effectively.

Similar forms

  • Last Will and Testament: Similar to a Trust Amendment, a Last Will and Testament outlines how a person's assets will be distributed after their death. Both documents require the signature of the individual creating them, and while a Will typically needs to be witnessed, it serves a similar purpose of expressing the individual's wishes regarding their estate.
  • Power of Attorney: A Power of Attorney grants someone the authority to act on behalf of another person. Like a Trust Amendment, it must be in writing and signed by the principal. Both documents can be modified or revoked, reflecting the changing needs or desires of the individual involved.
  • Health Care Proxy: This document allows an individual to designate someone to make medical decisions on their behalf if they are unable to do so. Much like a Trust Amendment, it is a straightforward document that requires the signature of the individual appointing the proxy, ensuring their preferences are respected in medical situations.
  • Revocable Living Trust: A Revocable Living Trust itself is closely related to the Trust Amendment, as it serves as the foundational document that can be amended. Both documents are governed by contract law and allow for flexibility in managing assets during the grantor's lifetime.
  • Beneficiary Designation Forms: These forms specify who will receive assets from accounts like life insurance policies or retirement plans. Similar to a Trust Amendment, they can be updated at any time and must be signed by the account holder, reflecting changes in personal circumstances or preferences.