Living Trust Amendments For Married Couples

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Kit providing tools and guidelines to assist you and your spouse in amending a Joint Living Trust created by you .

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Before you attempt to amend your Joint Living Trust, it is important to understand the rules governing such amendments. Failure to follow these rules and an attempt to change your Joint Living Trust by such methods as crossing out a name or penciling in an addition could have the disastrous effect of voiding portions of, or perhaps even your entire, Joint Living Trust. This kit includes the tools to properly and effectively amend your Joint Living Trust.

This kit includes:

General Instructions for Amending Your Living Trust
Joint Amendment of Joint Living Trust
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Amending a Joint Living Trust
(Married Couple)







This Packet Includes:
1. Information
2. General Instructions for Amending Your Living Trust
3. Joint Amendment of Joint Living Trust
4. Amending a Joint Living Trust (Married Couple)







Information
Amending a Joint Living Trust
(Married Couple)

This kit provides tools and guidelines to assist you in amending the Joint Living Trust created by you and your spouse.

In this kit, instructions will be given on when and how to amend your Joint Living Trust.  It is most important to follow these instructions carefully should you desire to make any changes to your Joint Living Trust.  Failure to follow these instructions and an attempt to change your Joint Living Trust by such methods as crossing out a name or penciling in an addition could have the disastrous effect of voiding portions of, or perhaps even your entire, Joint Living Trust.  Again, these instructions are not difficult to follow, but are very important to ensure that your Joint Living Trust remains legally valid.

Note:  Before amending your Joint Living Trust, you may wish to consult the laws in your state governing the operation of Living Trusts.  For a brief overview of these laws, please visit our State Law Digest.  For your convenience, links to the digest are provided in Appendix A.







DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only an attorney can provide legal advice.  An attorney should be consulted for all serious legal matters.  No Attorney-Client relationship is created by use of these materials.  

THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 





Amending Your Living Trust


Regarding any potential changes which you may wish to make in your Living Trust at a later date, you should periodically review the provisions of your Living Trust, keeping in mind the following items as they relate to your present situation:

   Have there been any substantial changes in your personal wealth?
   Have there been any changes in your ownership of any property mentioned in your Living Trust or schedules?
   Have any of the beneficiaries named in your Living Trust died or fallen into your disfavor?
   Are any of the persons whom you named as successor or alternative successor trustee in your Living Trust no longer willing or able to serve?
   Have you changed the state of your residence?
   Have you been married since the date of your Living Trust?
   Have you been divorced since the date of your Living Trust?
   Have you had any children since the date of your Living Trust?
   Have you adopted any children since the date of your Living Trust?
   Do you simply wish to make any corrections, deletions, or additions to any provisions in your Living Trust or schedules?

If any of these matters apply, you will need to change your Living Trust accordingly.  Although it is possible to completely rewrite your Living Trust to take account of any of these changes, an easier method is to prepare and sign a written Amendment to a Living Trust.  Please bear in mind that all of the formalities surrounding the signing of your original Living Trust must again be followed for any such changes to your Living Trust to be valid.

Never attempt to change any portions of your Living Trust by any other method.  For example, do not attempt to add provisions in the margin of your Living Trust, either by typing or writing them in.  Do not attempt to cross out any portions of your Living Trust.  These methods are not acceptable methods for the alteration of a Living Trust, and could subject your Living Trust to a court battle to determine its subsequent validity.

Following these instructions, you will find a Joint Amendment of Joint Living Trust form for a married couple.  Note that the Joint Living Trust forms available on our site allow for the amendment of the trust or any schedules of the trust to be done only jointly by both spouses.  Complete the information requested as shown on the instructions page.

When you have completed the form and retyped it, sign the form in the presence of a Notary Public and make certain that you store the original Amendment with the original of your Living Trust.  You should also make certain that a copy of any amendment is provided to anyone who has a copy of your original Living Trust, such as your Successor Trustee.

If you delete property from your Schedule of Assets of Living Trust, you must be certain to officially transfer ownership of the property back to yourself using the appropriate ownership documentation.  And, of course, if you add property to your Schedule of Assets of Living Trusts, which requires additional ownership transfer documentation, you must complete these documents as soon as possible.
Instructions for Joint Amendment of Joint Living Trust by Married Couple

This form is for use by a married couple which has created a Joint Living Trust, whether or not they have children.  Under the terms of the Joint Living Trust forms available on our site, both spouses must agree to any amendments to the Joint Living Trust.  They may use this form for changes to the original Trust, Schedules of Assets, or Beneficiaries.  For changes to the trust or schedules, use the following language in section 2 of the form:

   “The following wording is added to the Trust [here insert the added material]

OR

   “The following wording is deleted from the Trust [here insert the deleted material]

To complete this form, you will need the following information:

1.   Date of amendment,
   Full names of grantors,
   Name of Joint Living Trust, and
   Date original Joint Living Trust was created.
2.   Additions or deletions to trust, asset, or beneficiary schedules.
3.   No information needed.
4.   Your signatures and printed names (do not sign unless in front of a notary public).
5.   The Notary Acknowledgment section (to be completed by notary public).
Joint Amendment of Joint Living Trust


1.   This Joint Amendment of Joint Living Trust is made on ____________________________ (date), by _____________________________ and ________________________________, grantors, to the ________________________________ and __________________________ Joint Living Trust dated __________________________.

2.   The grantors modify the original trust as follows:







3.   All other terms and conditions of the original Joint Living Trust remain in effect without modification.  This Joint Amendment, including the original Joint Living Trust, is the entire Joint Living Trust as of this date.  The grantors have signed this Joint Amendment on the date specified at the beginning of this Joint Amendment.

4.
______________________________       ______________________________
Signature of Grantor                Signature of Grantor
______________________________       ______________________________
Printed Name of Grantor             Printed Name of Grantor

Notary Acknowledgment

State of  _________________            )
                        )   ss
County of ________________________    )


On __________ before me, ______________________________________________________ (here insert name and title of the officer), personally appeared _____________________________
_______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument

I certify under PENALTY OF PERJURY under the laws of the State of ________________ that the foregoing paragraph is true and correct

WITNESS my hand and official seal.
Signature __________________________________ (Seal)


APPENDIX A
FindLegalForms.com
State Law Digest for Living Trusts

(Click on the appropriate state link below to access the states living trusts law summary)

ALABAMA
ALASKA
ARIZONA
ARKANSAS
CALIFORNIA
COLORADO
CONNECTICUT
DELAWARE
DISTRICT OF COLUMBIA
FLORIDA
GEORGIA
HAWAII
IDAHO
ILLINOIS
INDIANA
IOWA
KANSAS
KENTUCKY
LOUISIANA
MAINE
MARYLAND
MASSACHUSETTS
MICHIGAN
MINNESOTA
MISSISSIPPI
MISSOURI
MONTANA
NEBRASKA
NEVADA
NEW HAMPSHIRE
NEW JERSEY
NEW MEXICO
NEW YORK
NORTH CAROLINA
NORTH DAKOTA
OHIO
OKLAHOMA
OREGON
PENNSYLVANIA
RHODE ISLAND
SOUTH CAROLINA
SOUTH DAKOTA
TENNESSEE
TEXAS
UTAH
VERMONT
VIRGINIA
WASHINGTON
WEST VIRGINIA
WISCONSIN
WYOMING

Number of Pages7
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#27365
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Amending a Joint Living Trust
(Married Couple)







This Packet Includes:
1. Information
2. General Instructions for Amending Your Living Trust
3. Joint Amendment of Joint Living Trust
4. Amending a Joint Living Trust (Married Couple)







Information
Amending a Joint Living Trust
(Married Couple)

This kit provides tools and guidelines to assist you in amending the Joint Living Trust created by you and your spouse.

In this kit, instructions will be given on when and how to amend your Joint Living Trust.  It is most important to follow these instructions carefully should you desire to make any changes to your Joint Living Trust.  Failure to follow these instructions and an attempt to change your Joint Living Trust by such methods as crossing out a name or penciling in an addition could have the disastrous effect of voiding portions of, or perhaps even your entire, Joint Living Trust.  Again, these instructions are not difficult to follow, but are very important to ensure that your Joint Living Trust remains legally valid.

Note:  Before amending your Joint Living Trust, you may wish to consult the laws in your state governing the operation of Living Trusts.  For a brief overview of these laws, please visit our State Law Digest.  For your convenience, links to the digest are provided in Appendix A.







DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only an attorney can provide legal advice.  An attorney should be consulted for all serious legal matters.  No Attorney-Client relationship is created by use of these materials.  

THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 





Amending Your Living Trust


Regarding any potential changes which you may wish to make in your Living Trust at a later date, you should periodically review the provisions of your Living Trust, keeping in mind the following items as they relate to your present situation:

   Have there been any substantial changes in your personal wealth?
   Have there been any changes in your ownership of any property mentioned in your Living Trust or schedules?
   Have any of the beneficiaries named in your Living Trust died or fallen into your disfavor?
   Are any of the persons whom you named as successor or alternative successor trustee in your Living Trust no longer willing or able to serve?
   Have you changed the state of your residence?
   Have you been married since the date of your Living Trust?
   Have you been divorced since the date of your Living Trust?
   Have you had any children since the date of your Living Trust?
   Have you adopted any children since the date of your Living Trust?
   Do you simply wish to make any corrections, deletions, or additions to any provisions in your Living Trust or schedules?

If any of these matters apply, you will need to change your Living Trust accordingly.  Although it is possible to completely rewrite your Living Trust to take account of any of these changes, an easier method is to prepare and sign a written Amendment to a Living Trust.  Please bear in mind that all of the formalities surrounding the signing of your original Living Trust must again be followed for any such changes to your Living Trust to be valid.

Never attempt to change any portions of your Living Trust by any other method.  For example, do not attempt to add provisions in the margin of your Living Trust, either by typing or writing them in.  Do not attempt to cross out any portions of your Living Trust.  These methods are not acceptable methods for the alteration of a Living Trust, and could subject your Living Trust to a court battle to determine its subsequent validity.

Following these instructions, you will find a Joint Amendment of Joint Living Trust form for a married couple.  Note that the Joint Living Trust forms available on our site allow for the amendment of the trust or any schedules of the trust to be done only jointly by both spouses.  Complete the information requested as shown on the instructions page.

When you have completed the form and retyped it, sign the form in the presence of a Notary Public and make certain that you store the original Amendment with the original of your Living Trust.  You should also make certain that a copy of any amendment is provided to anyone who has a copy of your original Living Trust, such as your Successor Trustee.

If you delete property from your Schedule of Assets of Living Trust, you must be certain to officially transfer ownership of the property back to yourself using the appropriate ownership documentation.  And, of course, if you add property to your Schedule of Assets of Living Trusts, which requires additional ownership transfer documentation, you must complete these documents as soon as possible.
Instructions for Joint Amendment of Joint Living Trust by Married Couple

This form is for use by a married couple which has created a Joint Living Trust, whether or not they have children.  Under the terms of the Joint Living Trust forms available on our site, both spouses must agree to any amendments to the Joint Living Trust.  They may use this form for changes to the original Trust, Schedules of Assets, or Beneficiaries.  For changes to the trust or schedules, use the following language in section 2 of the form:

   “The following wording is added to the Trust [here insert the added material]

OR

   “The following wording is deleted from the Trust [here insert the deleted material]

To complete this form, you will need the following information:

1.   Date of amendment,
   Full names of grantors,
   Name of Joint Living Trust, and
   Date original Joint Living Trust was created.
2.   Additions or deletions to trust, asset, or beneficiary schedules.
3.   No information needed.
4.   Your signatures and printed names (do not sign unless in front of a notary public).
5.   The Notary Acknowledgment section (to be completed by notary public).
Joint Amendment of Joint Living Trust


1.   This Joint Amendment of Joint Living Trust is made on ____________________________ (date), by _____________________________ and ________________________________, grantors, to the ________________________________ and __________________________ Joint Living Trust dated __________________________.

2.   The grantors modify the original trust as follows:







3.   All other terms and conditions of the original Joint Living Trust remain in effect without modification.  This Joint Amendment, including the original Joint Living Trust, is the entire Joint Living Trust as of this date.  The grantors have signed this Joint Amendment on the date specified at the beginning of this Joint Amendment.

4.
______________________________       ______________________________
Signature of Grantor                Signature of Grantor
______________________________       ______________________________
Printed Name of Grantor             Printed Name of Grantor

Notary Acknowledgment

State of  _________________            )
                        )   ss
County of ________________________    )


On __________ before me, ______________________________________________________ (here insert name and title of the officer), personally appeared _____________________________
_______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument

I certify under PENALTY OF PERJURY under the laws of the State of ________________ that the foregoing paragraph is true and correct

WITNESS my hand and official seal.
Signature __________________________________ (Seal)


APPENDIX A
FindLegalForms.com
State Law Digest for Living Trusts

(Click on the appropriate state link below to access the states living trusts law summary)

ALABAMA
ALASKA
ARIZONA
ARKANSAS
CALIFORNIA
COLORADO
CONNECTICUT
DELAWARE
DISTRICT OF COLUMBIA
FLORIDA
GEORGIA
HAWAII
IDAHO
ILLINOIS
INDIANA
IOWA
KANSAS
KENTUCKY
LOUISIANA
MAINE
MARYLAND
MASSACHUSETTS
MICHIGAN
MINNESOTA
MISSISSIPPI
MISSOURI
MONTANA
NEBRASKA
NEVADA
NEW HAMPSHIRE
NEW JERSEY
NEW MEXICO
NEW YORK
NORTH CAROLINA
NORTH DAKOTA
OHIO
OKLAHOMA
OREGON
PENNSYLVANIA
RHODE ISLAND
SOUTH CAROLINA
SOUTH DAKOTA
TENNESSEE
TEXAS
UTAH
VERMONT
VIRGINIA
WASHINGTON
WEST VIRGINIA
WISCONSIN
WYOMING

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