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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37097
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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Our trust was created in California when we were residents.

Customer Question

Our trust was created in California when we were residents. We now reside in Nv. Can our original atty in California update our trust if we do it in California and have it notarized there?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Yes, there is no restriction on you having your CA attorney amend or update your trust if you wanted to do so in CA. There is also nothing that would prevent you from just amending it in NV where you are now as long as any Amendment complies with NV law.

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An Amendment to a trust just has to comply with the particular state's requirements for proper execution in order to be legal in every state under the Full Faith and Credit clause of the US Constitution..

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thanks

Barrister

Customer: replied 1 year ago.
Are there any differences between the trust laws in California and Nevada? Seems to me both states are similar. Can you recommend someone in Nevada?
Expert:  Barrister replied 1 year ago.

In Nevada, you can amend a Revocable Trust Agreement with just the signature of the maker of the trust notarized. No witnesses are necessary.

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The same holds true for CA.

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But literally, you can amend your own trust without having an attorney involved at all. You would just draft up a letter titled "Amendment to the XYZ Trust (whatever the trust is named) Dated XXXXXXXX". Then you just write out whatever changes you want to make and then the grantor (maker) signs at the bottom in front of a notary.

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The Amendment is then physically attached to the existing original trust documents and a copy given to the trustee..

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It is literally that simple..

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But if you wanted an attorney do draft if for you, unfortunately, I am notallowed to recommend anyone personally under my agreement with JustAnswer.However, these are a couple sites that we attorneys actually use if we need foreign counsel in a state where we aren't licensed. Further, customers haveconsistently reported good results with these sites:

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www.martindale.com

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www.lawyers.com

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They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews.

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thanks

Barrister

Customer: replied 1 year ago.
Thank you. You answered all of my questions . Thank you for your help and professionalism.
Expert:  Barrister replied 1 year ago.

You are very welcome. Glad to help any time..

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister