Can a living trust be amended without the help of an attorney?


Quick Answer

A living trust can be amended without the help of an attorney by either attaching an amendment to the trust or by creating a restatement of the trust, notes Nolo. Special living trust computer programs can be used to amend a living trust originally made with that specific program.

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Full Answer

When attaching an amendment to the trust, the original trust maker has to sign the amendment and have the signature notarized, says Nolo. Creating a restatement of the trust involves drafting a new document that includes any changes the trust maker wishes to make. An individual who thinks he may make several amendments to his living trust may want to choose the restatement option since it's usually less confusing.

Some of the reasons an individual may wish to make adjustments to his living trust include altering provisions, changing conditions, modifying beneficiaries, changing property, and adding or deleting trustee powers, notes Rocket Lawyer. A living trust might also need to be altered if the trust maker's marital status changes, he moves to a different state, if there's a change in tax laws or if one of his beneficiaries dies. While an attorney isn't always necessary to amend a living trust, consulting one is a good idea if several amendments or major changes need to be made.

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