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To make a living trust in Texas, you: Choose between establishing an individual or shared trust. Determine which assets will be included in the trust. Select a successor trustee. Determine the trust's beneficiaries or those who will receive the trust's assets. Create the trust document.
It's important to know what you want to change and where in your trust document this information lives (such as the article number you're amending). Fill out the amendment form. Complete the entire form. It's important to be clear and detailed in describing your changes.
If you made a trust with your spouse or partner, then while both of you are alive, you both must agree to amend any provision of the trust document -- for example, to change a beneficiary, a successor trustee or the property management set up for a young beneficiary.
An estate planning attorney must review the trust to ensure it can be amended. If the trust allows the surviving settlor to amend the trust, the authority to amend it may only be given to the surviving settlor. The mother may be permitted to amend the trust. However, it can't be anyone acting on her behalf.
Amending a revocable trust, however, requires at most a notarized signature. There is often no need for you to sign a trust amendment in your attorney's office. As more people are living longer, the need to plan for incapacity is more important than ever.