Legal Question in Wills and Trusts in California
I am getting ready to take a trip and would like to make some changes to my Living Trust. If I write a form up myself will that hold up in court, or do I have to have in Notarized?
1 Answer from Attorneys
Your trust instrument should specify the method and manner by which it can be amended. It would be unusual that it requires a notarized writing; however, by notarizing your signature you are providing an additional mesure of authentication. The document cannot be challenged as not being your signature. Then the only questions are: is the amendment proper? What affect does the ammendment have on any other provision of the trust (does it invalidate a prior provision, for example). Only an attorney reading your actual trust document can answer all of those other questions. For the $10 it costs, I would recommend having the amendment notarized. I also recommend meeting briefly with an attorney to discuss changes to your trust.