Legal Question in Wills and Trusts in Nevada
amending a will
We have a Family Trust Will and would like to make a few minor changes as to beneficiaries. Can we create this document ourselves, have it witnessed, notarized and filed with the court without going to an attorney?
Are there forms to use as a guideline? Thank you.
1 Answer from Attorneys
Re: amending a will
It appears you may be a little confused about what it is you want to amend. Do you mean a living trust agreement or a will? They are two completely different things.
If it is a revocable living trust, you can amend it simply by placing an amendment that states what you want to add to and delete from the declaration of trust into the trust package. This must be signed by the trustors/settlors of the trust (and the signatures notarized) and a copy needs to be provided to anyone who holds a copy of the trust document (like, a lawyer, accountant, safe deposit box, or if you gave a copy to a trusted friend or relative to hold for safekeeping). Be sure it is dated and clearly references the trust agreement by full name and date of initial signing.
If you mean a will, it must be signed in the presence of two witnesses, who will then sign an an attestation that they witnessed you signing and you appeared to be of sound mind and signed it with the intent that it be an amendment to your will (called a codicil).
In either case, no filing with the court is necessary.
If you are in northern NV, I would be happy to help you clarify what it is you need to do. Please call my office at 775-358-1958, and I will provide a free initial consultation to help figure out where you go from here.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
