What to do about amending a revocable trustthat was created in another state?
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What to do about amending a revocable trustthat was created in another state?
My uncle had his trust created in IL and now resides in CA. l want to help him amend the trust by purchasing the legal documents on-line. According to their website, their forms are prepared by CA lawyers which I would assume will comply with state law regarding amending a trust. Do I still need to have a CA lawyer look over the documents before having them signed and notarized?
Asked on December 22, 2011 under Estate Planning, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You don't need to purchase the online forms. It may not be necessary to have an attorney review the amendment.
If the trust specifies the procedure for amending it, you want to comply with those provisions. If the trust does not include any specific procedures for amending the trust, the trust can be amended very easily by writing an amendment which would say, I,__________ (name of your uncle) am the settlor of the ____________ (name) trust. I hereby amend the trust as follows:
(list the provisions that are being amended with the specific changes) For example, My son, John Smith is to receive _________ instead of my daughter, Jane Smith.
Your uncle should sign and date the amendment in the presence of a notary.
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