I have been shopping for person to rewrite my Trust. I have read up on the subject somewhat. Because my trust is old and has 3 amendments. I was under the impression I should revoke my old trust, remove assets from trust into my name and them put assets into new trust. Atty I have spoken with says just use date of old trust as starting point, write new trust and consider it as amendment. No need to complete doc to revoke and move assets in and out. What do you think?
1 Answer from Attorneys
That's correct. If you want to start with a whole new document (good idea on fourth amendment) you do a Restatement and don't have to change title to assets already held in your name as Trustee.