How to Change a Living Trust

Reasons for changes

There are many reasons you may need to amend a living trust. Common situations that lead to a trust amendment include.

• Beneficiary changes: Adding or removing beneficiaries, or adjusting shares after a birth, death, divorce, or marriage
• Distribution terms: Changing when or how assets are distributed (such as requiring beneficiaries to reach a certain age before inheriting)
• Trustee changes: Naming a new trustee or successor trustee, or modifying trustee powers
• Property changes: Adding or removing assets from the trust
• Legal or financial shifts: Moving to a state with different laws, changes in tax laws, or significant changes in your financial situation

Note that if you are simply adding property to the trust, you probably do not need to do anything other than transfer ownership of that property into the trust. Add the item to the trust's asset schedule, and it is owned by the trust. An amendment is not necessary since your trust is set up to accept new assets.

How to change a living trust

The simplest way to make a change to a living trust is with a trust amendment form. A living trust amendment allows you to make changes to an existing trust while keeping the original document active. If you have a joint trust with your spouse, you both must agree to any changes.

Steps to complete a trust amendment

1. Identify the trust. Fill out the form with the name of your trust and indicate whether this is your first amendment or if you've made previous changes (list them by date).
2. Reference the original provision, Refer to the original trust document by paragraph number so it's clear what provision you are changing.
3. State your changes clearly. Be specific about how you are amending the section. Make sure you state you are amending this section of the trust.
4. Indicate effect on prior amendments. Specify whether this amendment overrides previous changes or if you want them to remain in effect.
5. Sign and notarize. Sign your living trust amendment in the presence of a notary.
6. Attach to original. Attach the amendment to your original trust document and to any copies you made.