Amending a revocable trust in the state of Florida is a fairly straightforward process. However, it must be executed properly to be valid.
Obtain a copy of your current trust document
First, review the most recent copy of your trust document. In Florida, the amendment must conform to the procedures laid out in the trust’s declaration. If no procedures are specified, Florida law allows the grantor to amend the trust by executing a document that clearly states their intentions.
Create your amendment
On a blank sheet of paper, write the word “Amendment” and then describe the changes that you want to make to your trust. If multiple grantors have contributed property to the trust, both must agree to the amendment.
Also, if you wish to make a series of amendments or changes to a revocable living trust, it may be simpler just to revoke the initial trust. You could start from scratch to avoid any confusion later on.
After documenting your wishes, it would be helpful to allow your estate planning attorney to create the actual amendment and include it in the original trust’s declaration. This is to ensure that it is executed correctly and that there is no confusion later on.
The grantor will then sign the amendment in front of two witnesses, neither of whom can be the trustee, or a notary public. A copy of the amended trust should then be given to the trustee so that they are familiar with the changes.
Trusts and wills are at the heart of many estate plans. If you need to make changes to your estate plan, or if you need to start creating an estate plan, a knowledgeable attorney may assist you with these important documents.