Legal Question in Wills and Trusts in Florida

Re: Amendment Living Trust

Couple of things to consider. How old are you estate planning documents and how much do you need to change. The laws have changed significantly in the past 10 years and are going to continue to change assuming the legislature can decide what to do with the estate tax exemptions amounts. If the documents are recent, and the changes are minor, a simple amendment should do the trick. However, it is advisable to go to the lawyer who drafted your documents originally because a new lawyer is going to probably recommend a restatement only because if the lawyer is worth his salt he will need to read the entire old document which takes time, and time is money. It's not a bad idea to amend and restate your documents becuase it will typically bring all of your documents up to date with legal changes assuming the attorney is experienced and abreast of the new law changes. So, to answer your questions, 1.) go back to the original attorney assuming he is still around and you like dealing with him, 2.) If not, be prepared to do either an amendment or a full restatement, 3.) if the docs are older, a restatement will be preferable., and 4.) select an experienced estate planning attoreny or one that focuses on estate planning matters and trusts.

Hope this helps.