California | Wills and Trusts
Legal Question
I want to amend my revocable trust. The amendment would create a testamentary trust. Does the amendment need to be witnessed by two witnesses, like a will, or does it just require a notary, since it’s a trust?
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Legal Answer
Your question is interesting, but also worrisome. Trusts are frequently established to avoid probate, and yet you want to change your trust to a testamentary trust that usually requires probate. Moreover, normally a testamentary trust is described and established in a will. Yet you want to amend an already established trust.
Based upon these observations, I strongly advise you to contact an attorney to discuss your desired changes to your estate plan. If not done correctly, your changes may simply lead to required court intervention that will result in needless legal fees.
So please contact an attorney before you make any changes to your estate plan.
Sincerely,
Kai H. Wessels, Esq.
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Law Offices of Kai H. Wessels 333 West Santa Clara Street, Suite 805 San Jose, CA 95113
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