As the owner of a Revocable Trust, can I update it without re-engaging the services of the attorney?

UPDATED: Dec 20, 2013

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As the owner of a Revocable Trust, can I update it without re-engaging the services of the attorney?

Would the newest (revised) version automatically over-ride the existing Trust and be considered legal if I had it witnessed and notarized?

Asked on December 20, 2013 under Estate Planning, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you fully and completely comply with all the requirements for creatinig a trust (e.g. proper witnessing and notarizing), then you can update the trust without the use of an attorney: the use of a lawyer to create trusts, wills, etc.  is not mandated. However, it is advisable to use an attorney: comparatively small errors in procedure can result in the attempted trust being ineffective, so doing this without professional help is generally not a good decision.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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