MAKE YOUR FREE Living Trust Amendment
What is a Living Trust Amendment?
When to use a Living Trust Amendment:
- You wish to change one or more provisions of the existing living trust due to events such as a change in marital status, the birth of a child, a move to another state (perhaps from a community property state to a non-community property state, or vice versa), a significant change in financial status, a change in the tax laws, or the death of a beneficiary.
- You wish to add or change beneficiaries.
- You wish to add or change the nomination of trustee, successor trustee, or alternate trust.
- You wish to modify conditions or restrictions on the distribution of income or principal from the trust, such as the age at which a child can receive a distribution.
- You wish to add or remove property from the trust and then amend the trust accordingly with regard to the beneficiary of that property.
- You wish to expand or delete trustee powers.
Sample Living Trust Amendment
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AMENDMENT TO THE
I, , of , , hereby amend the (the "Trust") as follows:
Except as expressly modified by this Amendment I approve, ratify and affirm the Trust.
| __________________ | _____________________________________ |
STATE OF
COUNTY OF
DISTRICT OF COLUMBIA
as Grantor.| Notary Address: | ____________________________________ |
____________________________________
____________________________________
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On this _____ day of ____________________, _____, before me personally appeared to me known to be the person described in and who executed the foregoing instrument as Grantor, and acknowledged that he or she executed same as his or her free act and deed.
| Notary Address: | ____________________________________ |
____________________________________
____________________________________
____________________________________
STATE COMMONWEALTH On this _____ day of ____________________, _____, before me __________________________________, personally appeared , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he or she executed the same as Grantor for the purposes therein contained.
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Title (and Rank)
| Notary Address: | ____________________________________ |
____________________________________
____________________________________
____________________________________
OF On this _____ day of ____________________, _____, before me personally appeared to me known to be the person described in and who executed the foregoing instrument as Grantor, and acknowledged that he or she executed same as his or her free act and deed.
On ____________________ before me, ________________________________, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. A person witnessing your signatureA second witness to your signature , as well as two witnesses to your signature..
This Living Trust Amendment is not valid unless it is signed by the Grantor who is of "sound mind" and of the minimum age for this state. In most states, the minimum age is eighteen. Some states permit an individual below the minimum age to sign a Living Trust Amendment if the person is married or in the military. Being of "sound mind" requires that the Grantor: (a) know that he or she is signing a Living Trust Amendment, (b) know the general nature and extent of his or her property, and (c) know the descendants or other relatives that would ordinarily be expected to share in the estate.
The Living Trust Amendment should be signed by the Grantor in the presence of three DISINTERESTED adult witnesses and a notary public. Many states require only two witnesses, but the signature of a third witness provides some protection against the possibility that one of the witness' signature will be invalid for some reason. For example, a person should not be a witness if that person is a beneficiary under the Living Trust. In most states, if a beneficiary's signature is counted in order to satisfy the minimum number of witnesses, then the Living Trust Amendment is not necessarily invalidated, but that "interested witness" may not receive a share of the estate any larger than if the Grantor had died without a trust or a will.
All of the witnesses must watch the Grantor sign this Living Trust Amendment. The Grantor should verbally declare that the document is intended to be his or her Living Trust Amendment, but the witnesses need not read the Living Trust Amendment or know of its contents.
Each witness must sign his or her name with the Grantor and the other witnesses present. The witnesses should be satisfied that the Grantor willingly signed the document as a free and voluntary act, and that the Grantor was of full age and sound mind.
Attachments
The Florida Self-Proving Affidavit is a document which should be attached to the end of the Living Trust Amendment, and which contains the Grantor's acknowledgment and the affidavit of the witnesses, made before a person authorized to take acknowledgments and administer oaths. The affidavit recites that the requisite formalities were observed in signing the Living Trust Amendment. Although attaching the affidavit has nothing to do with the legality of the Living Trust itself, it can speed the admission of the Living Trust to probate (if necessary) after the death of the Grantor because it eliminates the need to have a witness appear at the probate proceeding to testify that the formalities in signing the Living Trust Amendment were followed. The witnesses may not be available later when they are needed. A self-proved Living Trust may be admitted to probate without additional witnesses or affidavits, but it is still subject to contest on such grounds as undue influence, lack of testamentary capacity, or prior revocation.
When to Consult a Lawyer
If the Grantor is unable to sign due to physical disability, another person may be able to sign on behalf of the Grantor, in the Grantor's presence, and at the express direction of the Grantor. If there are any questions regarding the possibility of someone signing on behalf of the Grantor, a lawyer should be contacted.
