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LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 7403
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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I have a revocable trust and I would like to change the order

Customer Question

I have a revocable trust and I would like to change the order of the successor trustees. Can I re type the page making the changes and replace the original page? Do I have to list it as an amendment or sign it?
Submitted: 1 year ago.
Category: Estate Law
Expert:  LegalGems replied 1 year ago.
My goal is to provide great service - if you have any questions, please ask. A follow up consult with a personal attorney is always recommended.
Thanks for your patience as I researched this.
It is not permissible to retype the page requiring the change and replacing it- that would put the entire the trust in question.
Rather the proper procedure for changing a trust is via an amendment, which can be done up until the settlor becomes incapacitated/dies, or the trust otherwise becomes irrevocable.
It should be noted that even after the settlor's death, the beneficiaries can petition the court to change the successor trustee, so many opt to include a Certificate of Independent Review of Successor Trustee, meaning that the settlor received counseling and approval from a licensed attorney as to the appointment of the successor trustee, making the court less likely to disregard this appointment.
Sample amendment template here: http://www.lgggroup.com/html/plan-and-prosper-pdf/REVOCABLE%20LIVING%20TRUST%20Amendment_Form.pdf
The amendment does need to be signed and notarized by the settlor.
Probate codes 15400-414 govern trust amendments.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=15001-16000&file=15400-15414
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Expert:  LegalGems replied 1 year ago.
Here is a link to help locate an attorney:
www.findlegalhelp.org and http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm
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