What is the easiest and cheapest way to amend a living trust?

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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 10 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.

 


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