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Amending a Living Trust in California Nearly all trust documents can be amended. However, some are easier to amend than others. In the case of a revocable living trust, amendments usually take on the form of additional documents written after the original trust document has been signed and notarized.
A revocable trust can be modified while the Grantor is alive. Revising the terms of a trust is known as ?amending? the trust. An amendment is generally appropriate when there are only a few minor changes to make, like rewording a certain paragraph, changing the successor trustee, or modifying beneficiaries.
Generally, you change the name of a revocable trust through the formal amendment process. A trust can be amended to modify the substance of the trust (how it works, who it benefits, who serves as trustee) or it can be modified to change the formalities of the trust itself.
The application must be supported by the founder, the trustees and the beneficiaries (if they have accepted benefits), and the trust deed must not expressly prohibit such a change. If the trust deed prohibits a change, the trust deed will first have to be amended.
Trusts can be both single and joint. A single living trust involves just one individual, while a joint living trust usually involves a married couple. Joint living trusts are commonly used to transfer assets between spouses upon one spouse's death.
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.
The card should ask how many signatures are required on checks. You will usually only have one signature required. Make sure you include all three parts of the trust's name: Name of trust, date the trust was established, and the name of the trustee (you).
You can generally modify the trust, with the written consent of the settlor and beneficiaries, even if it is irrevocable. California law says that you can do this on your own, ?without court approval.? However, it is still best to take the matter to a probate court and have the change formally approved.