how to change a living trust
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how to change a living trust
I need to take my ex-husband off as sole beneficiary on my living trust? What’s the easiest way? Thank you.
Asked on September 5, 2017 under Estate Planning, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If the trust was an irrevocable trust, you *can't* change it: as the term "irrevocable" implies, the trust cannot be changed--whether modified, beneficiaries changed, revoked, etc.--once made. If it is a revocable trust, it can be altered or even revoked entirely by a new written instrument/document which is signed and witnessed like the document creating a trust and which specifically states the change, etc. it is making. If unsure whether the trust is irrevocable or revocable, or if revocable, how to draft, sign, witness, etc. the document changing it, go to a new trusts and estates attorney for help, bringing copies of the trust paperwork.
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