Revocable living trusts are popular estate planning tools. This type of trust allows you to retain control over your assets while you are alive; in addition, you can easily alter the trust if you change your mind. Once you die, the trust becomes irrevocable and no further changes can be made without going through the court system; however, the beneficiaries of the trust can receive their inheritances without going through the probate process.
1. Check your living trust deed. Make sure that it contains a provision stating that the trust may be amended while the grantor is alive. If it doesn't contain this provision, contact your attorney to find out how to amend the trust.
2. Write a letter to the trustee. Include the exact amendment to the trust and your instructions to the trustee for carrying out the amendment. Send the letter by registered or certified mail, return receipt requested.
3. Check your will. If any part of your will now contradicts the amended living trust, change your will to conform to your new instructions.
- If your trust document doesn't say it can be amended, your heirs may sue after your death to claim the amended trust deed is invalid.
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