[WSBAPT] Has Trust Beeen Amended?

Felicia Value, Attorney at Law felicia at skagitprobate.com
Mon May 15 15:28:58 PDT 2017


Colleagues,

I have always told my clients that if the want to amend a revocable living trust (RLT),  they must execute any amendment with the same formalities they observed when they executed the original documents.  Typically the original trust was signed by the clients as trustors and as trustees,  in the presence of a notary.

A client brought me her parents’ RLT.  It was executed in the usual fashion.  A hand-written note on one of the pages changes the distributions of residue following the death of the second trustor.  It is dated and signed by both trustors.  It is not witnessed or notarized.

Is the hand-written note a valid change?  Has the trust been amended?  

I am really interested in that ^ question.  But FWIW,  one trustor is deceased;  one is alive and competent.

Thanks for your thoughts!

Regards,

Felicia Value
Attorney at Law
PO Box 578/116 North Third Street
La Conner, WA 98257
(360) 466-2088
www.skagitprobate.com

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