Homepage Printable Trust Amendment Form in PDF

Trust Amendment Preview

Revocable Living Trust Amendment

Unlike a Will, a living trust is controlled by contract law rather than by the probate code under state law. An amendment to a Revocable Living Trust must be in writing, but it does not need to be witnessed. It does not need to be notarized. It does need to be signed by the Grantors of the Trust and the Trustees of the Trust since they are both parties to the Trust Agreement. In most cases, with a Revocable Living Trust, these are the same people.

After the Revocable Living Trust has been signed, the original should be placed with your other legal documents in a safety deposit box or a fire-proof cabinet and a copy put in your Document Portfolio.

The following pages contain a sample filled-out Revocable Living Trust Amendment form which will guide you on how to complete the form, and a blank Amendment for you to complete.

THE

REVOCABLE LIVING TRUST

AMENDMENT

THIS

 

 

 

 

AMENDMENT to the Trust Agreement made this

 

 

 

day of

,

 

 

 

 

executed between

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

, hereinafter

referred to as the Grantor(s) and

 

 

 

 

 

 

,

hereinafter referred to as the Trustee(s).

 

 

 

 

 

 

 

 

WHEREAS, the Grantor(s) and the Trustee(s) entered into a Revocable Living Trust

dated, hereinafter called the Trust Agreement, and

WHEREAS, Articleof the Trust Agreement provided that the

Grantor(s) reserve(s) the right to amend in any manner or revoke in whole or in part the Trust Agreement, and

WHEREAS, the Grantor(s) is/are desirous of modifying and amending the Trust Agreement and the Trustee(s) is/are agreeable to the modification and amendments contained herein,

NOW THEREFORE, IT IS AGREED:

IN WITNESS WHEREOF, Grantor(s) has hereunto subscribed his/her name

to the

Amendment to this TRUST this day of

, 20

.

 

 

 

 

 

 

 

 

 

 

 

 

GRANTOR

 

 

 

 

 

STATE OF

)

 

 

 

 

 

) SS

 

 

 

 

COUNTY OF

)

 

 

 

 

The foregoing instrument was acknowledged before me this

 

day of

,

 

 

 

 

 

 

20, by the Grantor.

SEAL

Notary public:

My Commission Expires:

1

THE

REVOCABLE LIVING TRUST

AMENDMENT

THIS

AMENDMENT to the Trust Agreement made this

 

 

 

day of

,

executed between

 

 

 

 

 

 

 

 

 

 

 

, hereinafter

referred to as the Grantor(s) and

 

 

 

 

 

 

, hereinafter

referred to as the Trustee(s).

 

 

 

 

 

 

WHEREAS, the Grantor(s) and the Trustee(s) entered into a Revocable Living Trust

dated, hereinafter called the Trust Agreement, and

WHEREAS, Articleof the Trust Agreement provided that the

Grantor(s) reserves the right to amend in any manner or revoke in whole or in part the Trust Agreement, and

WHEREAS, the Grantor(s) is desirous of modifying and amending the Trust Agreement and the Trustee(s) is agreeable to the modification and amendments contained herein,

NOW THEREFORE, IT IS AGREED:

IN WITNESS WHEREOF, Grantor(s) has hereunto subscribed his/her name to the

Amendment to this TRUST this

 

day of

, 20

.

 

 

 

 

 

 

 

GRANTOR

 

 

 

 

 

STATE OF

)

 

 

 

 

 

) SS

 

 

 

 

COUNTY OF

)

 

 

 

 

The foregoing instrument was acknowledged before me this

 

day of

,

 

 

 

 

 

 

20, by the Grantor.

SEAL

Notary public:

My Commission Expires:

Documents used along the form

The Revocable Living Trust Amendment form is often accompanied by several other important documents. These documents help ensure that the trust is properly managed and that all parties involved understand their roles and responsibilities. Below is a list of commonly used forms and documents that may accompany the Trust Amendment.

  • Revocable Living Trust Agreement: This is the foundational document that establishes the trust. It outlines the terms of the trust, including the roles of the Grantor, Trustee, and beneficiaries.
  • Trustee Acceptance Form: This document confirms that the appointed Trustee accepts their role and responsibilities as outlined in the trust agreement.
  • Certification of Trust: This document provides a summary of the trust's terms and confirms its existence without disclosing all details. It is often used to prove the trust's validity to third parties.
  • Power of Attorney: This legal document allows the Grantor to appoint someone to manage their financial and legal affairs if they become incapacitated.
  • Pour-Over Will: This will directs that any assets not placed in the trust during the Grantor's lifetime should be transferred to the trust upon their death.
  • Trust Distribution Plan: This document outlines how and when the assets in the trust will be distributed to the beneficiaries, providing clarity on the Grantor's intentions.
  • Asset Assignment Form: This form is used to transfer ownership of assets into the trust, ensuring they are managed according to the trust's terms.
  • Trustee’s Report: This report provides an account of the trust’s activities, including asset management and distributions, to keep beneficiaries informed.
  • Durable Power of Attorney: This form is crucial for designating someone to make decisions on your behalf, especially in cases of incapacitation. It's essential for planning ahead, ensuring your wishes are followed if you are unable to act. For more information, refer to the Durable Power of Attorney.
  • Beneficiary Designation Forms: These forms are used to designate beneficiaries for specific assets, such as life insurance policies or retirement accounts, ensuring they align with the trust’s provisions.
  • Trust Amendment Record: This document tracks all amendments made to the trust over time, providing a clear history of changes for future reference.

Each of these documents plays a crucial role in the management and execution of a Revocable Living Trust. Having them prepared and organized can help prevent disputes and ensure that the Grantor's wishes are honored effectively.

Similar forms

The Trust Amendment form shares similarities with several other important legal documents. Each serves a unique purpose but has common features related to modifications or updates. Below is a list of six documents that are similar to the Trust Amendment form:

  • Will Codicil: A codicil is an amendment to a will. Like the Trust Amendment, it must be in writing and signed by the testator, allowing for changes without creating an entirely new will.
  • Employee Handbook: The Employee Handbook is essential for clarifying workplace policies and employee rights and can be customized as needed. For a customizable template, visit legalpdfdocs.com.
  • Power of Attorney: This document grants someone the authority to act on behalf of another. Changes can be made through an amendment, similar to how a Trust Amendment modifies the trust.
  • Living Will: A living will outlines medical preferences. It can be amended in writing, just as a Trust Amendment updates the trust's terms.
  • Revocation of Trust: This document formally ends a trust. It is similar in that it must be executed in writing and signed by the grantor, similar to the Trust Amendment.
  • Partnership Agreement Amendment: Changes to a partnership agreement can be made through an amendment, which requires signatures from all partners, much like the Trust Amendment requires signatures from the grantors and trustees.
  • Deed of Trust Modification: This document modifies the terms of a deed of trust. It must be written and signed by the parties involved, paralleling the requirements of a Trust Amendment.

Misconceptions

Understanding the Revocable Living Trust Amendment form can be challenging, and several misconceptions often arise. Here are five common misunderstandings clarified:

  • Amendments need to be notarized. Many people believe that a Trust Amendment must be notarized to be valid. In reality, while it is good practice to have documents notarized for added security, it is not a legal requirement for a Revocable Living Trust Amendment.
  • Witnesses are required. Another misconception is that a Trust Amendment must be witnessed. Unlike a will, a Trust Amendment does not require witnesses. It simply needs to be in writing and signed by the Grantors and Trustees.
  • Only the Grantor can amend the Trust. Some assume that only the Grantor has the authority to make changes. However, both the Grantors and the Trustees must sign the amendment since they are parties to the Trust Agreement.
  • The original document must be kept with the amendment. There is a belief that the original Trust document must always be stored with the amendment. While it is important to keep the original Trust in a safe place, the amendment can be stored separately as long as both documents are easily accessible.
  • Amendments are complicated and difficult to complete. Many people think that filling out a Trust Amendment is a daunting task. In truth, with the right guidance and a clear sample form, completing an amendment can be straightforward and manageable.

By addressing these misconceptions, individuals can approach the Trust Amendment process with greater confidence and clarity.

Understanding Trust Amendment

  1. What is a Trust Amendment?

    A Trust Amendment is a legal document that modifies an existing Revocable Living Trust. It allows the Grantor(s) to change specific terms or provisions of the Trust Agreement without needing to create an entirely new document.

  2. Who can amend a Revocable Living Trust?

    The Grantor(s) of the Trust can amend it. Typically, the Grantor(s) and the Trustee(s) are the same individuals. Both parties must sign the amendment for it to be valid.

  3. Does a Trust Amendment need to be notarized or witnessed?

    No, a Trust Amendment does not need to be notarized or witnessed. However, it must be in writing and signed by the Grantor(s) and the Trustee(s).

  4. How should I store my Trust Amendment?

    After signing the Trust Amendment, store the original document in a safe place, such as a safety deposit box or a fire-proof cabinet. Keep a copy in your Document Portfolio for easy access.

  5. What if I want to revoke my Trust instead of amending it?

    The Grantor(s) have the right to revoke the Trust entirely, as stated in the original Trust Agreement. This process also requires a written document, which should be signed by the Grantor(s).

  6. Can I make multiple amendments to my Trust?

    Yes, you can make multiple amendments to your Trust. Each amendment should clearly state which provisions are being changed and must be signed by the Grantor(s) and Trustee(s).

  7. Is there a specific format for a Trust Amendment?

    While there is no strict format, it is important to include key elements such as the date, names of the Grantor(s) and Trustee(s), and specific changes being made. A sample form is often provided to guide you in completing your own amendment.

  8. What happens if I do not update my Trust?

    If you do not update your Trust, it may not reflect your current wishes or circumstances. This could lead to unintended consequences regarding the distribution of your assets after your passing.