Q: I am the sole Trustee of my own Revocable Trust. I’d like to change one of the successor Trustees that I’ve named. Can I do that?
A: Replacing a successor Trustee in your own Revocable Trust is a simple process. Many people think a Revocable Trust has the same restrictions as an Irrevocable Trust, where the Grantor can make no changes to the document once it is signed. However, a Revocable Trust allows a great amount of freedom for the Grantor to make changes as long as they are competent.
You may replace a successor Trustee at any time by asking your estate planning attorney to prepare a Trust Amendment to name the individual you prefer to act as your successor Trustee. You will be required to review the amendment with your attorney and sign it before a notary public. You should keep the amendment with your original estate planning documents in a fire-proof location. If you have additional changes that you would like to make to your trust, you may need to restate your Trust in its entirety or even revoke the original trust and form a new Revocable Trust. Your estate planning attorney can help you decide which option is best for your unique circumstances. It is important to note that when you want to make changes, you should not write on your original Trust document for any reason, as this may invalidate the entire Trust.
For more information on Trusts, contact Davis & McCann, P. A., Dodge City, KS. We are members of Wealth Counsel, a national consortium of Estate Planning Attorneys and the National Academy of Elder Law Attorneys (NAELA). We focus our practice on providing clients with the best legal advice on Estate Planning, Medicaid and Long-term Care Planning, Special Needs Planning, Family Business/Small Business Succession Planning, Probate, Trust Administration, Real Estate Transactions, and related matters.
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