Legal Question in Wills and Trusts in Illinois

Changing a trust

I had a trust and a pour over will done by an attorney who, I feel, charged me a fortune. I want to make changes. However, I have been told by this attorney that would cost me a considerable amount. I could easily retype this trust myself and get my signature notarized. Can I do that and will it be acceptable? If it is acceptable, how does it superseded the original trust?


Asked on 4/08/04, 5:17 pm

1 Answer from Attorneys

Re: Changing a trust

First of all, you don't specify what kind of trust you have which is critical in providing you an appropriate answer.

If your trust is revocable (meaning that modifications may be made during your lifetime, and assets can be put into it and taken out from time to time), then you likely have the right to make amendments to it from what you describe.

In order to give you my legal opinion, however, I would have to review the terms of the trust.

Please be aware that changing the terms and/or date of the trust may affect your Will, depending on how the trust is referenced in that document.

If you want to make the changes yourself, it would be prudent to have an attorney review it when you are finished drafting it, so you can be sure that everything is as it should be and you haven't overlooked something.

On the other hand, if your trust is irrevocable, making changes to the trust are generally not allowed without voiding the document, and there may be a whole host of legal implications involved.

Please let me know if you would like to discuss your issue further.

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Answered on 4/08/04, 5:33 pm


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