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How to Amend a Living Trust

Posted by Chris Peterson | Jan 21, 2025

A revocable living trust outlines how assets will be distributed after your death. The trustmaker creates this agreement with the trustee. The trust's main feature is flexibility; it can be changed anytime while the trustmaker is alive. However, amendments must follow legal procedures. Working with a Texas estate planning attorney ensures your changes are valid.

Why Amend a Living Trust?

Life changes often require updating a living trust. Common reasons include:

  • Marriage or divorce
  • Birth of children or grandchildren
  • Death of a beneficiary or trustee

Minor Changes

For small updates, such as a name change, you can amend the trust with a simple modification. For example, if your daughter changes her last name after marriage, you can update this detail without replacing the entire document. An estate planning attorney can prepare the amendment and ensure its legality.

Major Changes

Significant updates may require a trust restatement. A restatement creates a new trust document that replaces the old one. This is especially useful if you've made several amendments over time. A clean, updated document prevents confusion for your trustee and beneficiaries.

Steps to Amend a Living Trust

Amending a living trust involves following specific procedures. Avoid handwritten notes or informal changes - they won't hold up legally.

Work with an Estate Planning Attorney

An estate planning attorney can guide you through amending or restating your trust. They ensure the process complies with Texas laws and avoids future disputes.

Sign and Notarize the Amendment

You and any co-creators of the trust must sign the amendment. Additionally, you'll need a notary to make it official. Proper documentation ensures your updates are enforceable.

Benefits of a Trust Restatement

If you've made multiple changes to your trust, consider a restatement. This approach:

  • Consolidates all changes into one document
  • Simplifies your trustee's responsibilities
  • Reduces the chance of legal disputes

An attorney can advise if a restatement better suits your needs than a simple amendment.

Contact an Estate Planning Attorney

Amending a living trust can feel overwhelming, but professional help makes it simple. A skilled Texas estate planning lawyer will ensure your trust meets your needs and follows the law.

Call Peterson Law Group at 979-703-7014 today to schedule a consultation. Protect your assets and secure your family's future with expert guidance.

About the Author

Chris Peterson

Chris Peterson is the owner of Peterson Law Group. He practices primarily in the areas of wills, trusts and estate planning; probate and trust administration; elder law; and business law. Chris is also the owner of WealthBuilder 1031 Exchange Company.

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