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J. Warren
J. Warren, Attorney
Category: Estate Law
Satisfied Customers: 2247
Experience:  Experience in estate planning including wills, trusts and succession planning.
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I have a current living trust from years ago that is out of

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I have a current living trust from years ago that is out of date. However, instead of updating, I'd rather just revoke the current one for now. How do I do this?

Hello and Welcome! Thank you for allowing me to be of service to you. Please note: (1) this is general information only, not legal advice; and (2) I will provide you with honest information and not necessarily to tell you what you might be hoping to hear.

To revoke a revocable living trust, the first step is to review the trust agreement see if instruction on revocation is provided. Most trust documents provide the method of revocation. Typically an instruction would state grantor reserves the right to revoke trust and the revocation must be in writing.

If the agreement is silent then a written revocation by the settler and delivered to the trustee is all that is needed.

The next step would be for all the property that was transferred and titled in the name of the trust would need to be transferred back to the grantor as an individual.

Here is a sample form revocation (please note the sample form has a signature for notary and witnesses, while this is not required by statute it is not a bad idea--also the trust agreement may require it):

All my best & encouragement.

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All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.

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