Will a trust still be valid if I change it myself and have it notarized? 5 Answers as of March 11, 2011

I made valid last will and Testament, trust, durable general power attorney and power attorney for health through a lawyer on 1-5-1996. Above doesn't have 1995. I want to change executor and trustee for the trust. Does the trust still valid if I change myself and have the documents notarized?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
No, it will not be sufficient for you to simply change it and have it notarized. It must be properly prepared and properly executed with at least two witnesses and the other formalities needed. Its almost the same with the Trust document, but usually the Trust must also be executed by the Trustee as well as the Trustor (you). I don't suggest you try to amend either the Will or Trust and simply have it notarized.
Answer Applies to: New York
Replied: 3/11/2011
Apple Law Firm PLLC
Apple Law Firm PLLC | David Goldman
To modify a trust in Florida you must have it executed with the same formalities of a will. That is you need to have two witnesses who are each present at the time you sign at the end. In addition, you would have to comply with additional terms that are in the trust, you should probably have your trust reviewed by an estate planning lawyer to determine what is necessary, often simple modifications can be around 100 to have done right.
Answer Applies to: Florida
Replied: 3/11/2011
Law Office of Richard B. Kell
Law Office of Richard B. Kell | Richard B. Kell
You cannot just change the documents yourself and have them notarized. It's not that simple. There are strict requirements concerning the witnessing and execution that must be followed to a "T" or the Will/Trust could be rendered invalid. My advice would be to take it to an attorney to have it done. By the time that you round up the witnesses and notary, and take the risk of not doing it right, it's just not worth trying to do it yourself.

The changes you mentioned would be very simple for an estate planning attorney, and he/she shouldn't charge more than a couple hundred bucks. Besides, 1996? It's time for you to take your estate plan in for a review/update anyway!
Answer Applies to: Massachusetts
Replied: 3/10/2011
Law Offices of Brian Chew
Law Offices of Brian Chew | Brian Chew
Yes, you can amend your own trust so long as the amendment is properly notarized. However, you may want to consult an attorney to make sure the form of the amendment is proper. Also, there have been numerous legal changes/situations that have occurred in the last 15 years and you may want an attorney to review your documents to make sure they are up to date and compliant.
Answer Applies to: California
Replied: 3/10/2011
Click to View More Answers: