What is the easiest and cheapest way to amend a living trust?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is the easiest and cheapest way to amend a living trust?
How to amend when the primary beneficiary has died? Can I do this myself?
Asked on September 7, 2011 under Estate Planning, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you are the trustee of an revocable trust you can change it by way of an amendment or a new trust since the beneficiary has passed away. However, if the trust is an irrevocable trust, then you cannot do an amendment to it.
To establish whether or not the trust is revocable or irrevocable, you need to read its terms carefully typically in the first couple of pages of the document.
The easiest way to amend a living trust is to hire an experienced attorney to do the work. The cheapest way to do so is to go online and look for formats for the amendment.
I caution you about doing an amendment yourself in that trusts can be a complicated document to draft and it is best to have such done by an experienced wills and trust attorney.
Good luck.
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 AttorneyPages.com 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.