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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.
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.
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.
A court will allow a trust to be modified if you can show that the trust's main purpose is being inhibited in some way. A third way to change an irrevocable trust is by what is called ?decanting?. This means the trustee modifies the trust by moving assets from one trust to a new trust with different terms.