Can a revocable trust be amended by thegrantor and be considered legal if not notarized or witnessed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a revocable trust be amended by thegrantor and be considered legal if not notarized or witnessed?
My brother and myself were to be beneficiaries of my father’s assets. Amendment says that his 4 grown children, my brother and I are now equal beneficiaries. I had no knowledge of this until after my father passed away; my brother and his kids knew all about it. Does real property (my father’s home and sale of it) if split 3 ways per amendment need to be notarized as amendment since it is real property. It is all very suspect to me. My brother is acting very cavalier about it. Is this legal?
Asked on January 15, 2012 under Estate Planning, Oregon
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Generally speaking, a revocable trust can be amended or revoked at any time by the grantor. The rules permitting it are state specific and you should consult with an attorney in your area to be sure. But I think that there is an underlying issue here. I think that you are questioning not only the method but really the entire facts surrounding the transaction. Do you think that your father was mentally competant to change the terms of the trust when he did or that he was unduly influenced by some one to do so? If the answer is yes then you have a lot more that procedualr questions for that attorney. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.