What to do about amending a revocable trustthat was created in another state?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.

 


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption