Legal Question in Wills and Trusts in Illinois
Living Trust Amendment Legal Requirements?
The language in my living trust says that notarization of an amendment is optional. I like it this way, so that I don't have to get an amendment notarized every time the property in it changes. My question is, would a signed, but un-notarized amendment be valid in court? My thought would be to notarize any amendments that may cause a conflict, such as a change in beneficiaries, but that no one could dispute changes to property that was sold and new property purchases. There is nothing to dispute for these types of typical lifecycle transactions.
1 Answer from Attorneys
Re: Living Trust Amendment Legal Requirements?
There is no requirement that an amendment to a revocable trust be notarized.
However, transfers of property requiring deeds or other legal documents may require a notary stamp.
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