Atlanta Georgia Amendment to Living Trust

State:
Georgia
City:
Atlanta
Control #:
GA-E0178A
Format:
Word; 
Rich Text
Instant download

Description

This form is for amending a living trust. A living trust is a trust established during a person's lifetime in which a person's assets and property are placed within the trust, usually for the purpose of estate planning. This form permits the Trustor to amend certain properties of the trust without changing the purpose or nature of the trust. Except for the amended provisions, all other parts of the trust will remain in full force and effect. The Trustor(s) signature(s) is needed, and it must be signed in front of a notary public.

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FAQ

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.

The beneficiary can (where there is one beneficiary or if there are several beneficiaries and all of them agree) direct the trustee to transfer the trust property to him (if there are several beneficiaries to all of them) or to such other person as the beneficiary (or the beneficiaries may desire).

In the State of Georgia, creating a living trust means drafting the trust document with your estate planning attorney and signing it in front of a notary public. Once signed and notarized, you must ?fund the trust? by transferring assets to the name of the trust.

The Cons. While there are many benefits to putting your home in a trust, there are also a few disadvantages. For one, establishing a trust is time-consuming and can be expensive. The person establishing the trust must file additional legal paperwork and pay corresponding legal fees.

With your property in trust, you typically continue to live in your home and pay the trustees a nominal rent, until your transfer to residential care when that time comes. Placing the property in trust may also be a way of helping your surviving beneficiaries avoid inheritance tax liabilities.

Fortunately, California law allows for the amendment, modification or termination of an otherwise irrevocable trust--under the proper circumstances and using the proper procedures.

Trusts are completely private and do not need a court to enact them. The terms of the trust, beneficiaries, and assets are not public record.

For a Georgia will or trust, the average cost is between $300-600, but the amount you spend depends on how complex the document is and whether you use a template or an attorney. Again, this is an average. Your attorney may charge more or less. Some attorneys may work from a template.

With the adoption of Probate Code Section 15401, that changed, and the law provided two distinct ways in which to revoke a California Trust: (1) revoke using the manner provided in the Trust instrument, or (2) revoke by any writing (other than a Will) signed by the Settlor and delivered to the trustee during the

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Atlanta Georgia Amendment to Living Trust