Legal Question in Wills and Trusts in Washington
Change to existing Living Trust/Will
I utilized services from an attorney several years ago to prepare a living trust/will. I had identified 3 people in order of choice to take custody of my kids in the event my wife and I pass away. I have a hard copy of the document and the lawyer has is electronically. Can I modify the list either handwritten or retyping the appropriate page or two and have it notarized and have the change be considered legal?
1 Answer from Attorneys
Re: Change to existing Living Trust/Will
You can but you want to play it safe. My advice is to request a copy of the electronic version from your attorney and then draft a Codicil to the Will and Amendment to the Trust changing the guardians. These documents must be executed consistent with the applicable requirements -- the trust Amendment should be consistent with the original trust and the Codicil to the Will must be witnessed by two individuals not taking under the will and ideally notarized (self-proving will). My suggestion is to draft the documents electronically and then have a competent estate planning attorney review the same. If you are merely changing the guardians the review should not be substantial and can probably be done at a nominal cost.