When NOT To Amend Your Revocable Living Trust

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I routinely get the question regarding whether the Settlor of a revocable living trust has to amend their trust every time they acquire or dispose of assets.
Example. Alvin and Charlotte want the survivor of them, and their three children, to avoid probate when they die. They set up their joint revocable living trust. Their trust names their three children as equal principal beneficiaries to receive the assets after both Alvin and Charlotte die, and they name name their oldest child as the Successor Trustee, to handle the termination of the trust after Alvin and Charlotte pass away. They title their home and investment accounts in the name of their trust.
The good news is that they don't need to visit their estate lawyer and incur legal expense when they sell their home, buy a new home, or set up a new investment account. When they acquire new assets, or when they set up a new investment account, they simply need to acquire the asset, or title the account, in the name of their trust. They don't need their estate lawyer to do that, and they don't need to amend their trust. Typically, a Settlor does not list the trust assets in the trust instrument. The trust instrument is there to provide who manages the trust assets and who is to inherit the trust assets when the Settlor dies, regardless of what those trust assets might be.
For prospective law firm clients who want to schedule a free 15 minute initial phone call with Paul Rabalais, go to: go.oncehub.com/Paul8
This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.
Paul Rabalais
Estate Planning Attorney
www.RabalaisEstatePlanning.com
Phone: [phone]

[@J-J258]

This was so helpful. My mind has been going circular on the property schedule, wondering how to add things later. You really cleared things up for me!

[@kerstinlampert7337]

This was valuable. Especially for us. After moving from Hawaii to Florida, we re-did our revocable trust to be "legal" under Florida laws....

[@myutube6422]

My suggestion would be that after you need to pay the attorney to do an amendment, the next time you need one, just copy the form of that amendment and do it yourself. Have it notarized/witnessed as the lawyer did and you are good.

[@tomasgonzalez4819]

Horrible advice. It's not the document itself you're paying for, it's the assessment of what you intend to do. If you're going to make an amendment, you should consult your attorney. For example, let's say there's a provision you want to simply add. Seems simple enough, right? Copy and paste, right? We'll, how do you know that provision is even legally enforceable in your state? For example, a no contest clause is perfectly legal in some jurisdictions and outright prohibited in others.

[@sheilamontoya7003]

Thank you. Im learning so much

[@brandonglosson1628]

Hello Paul, love your videos! How about a discussion on when to consider using co-trustees and different ways to arrange their relationship with each other?

[@americasestateplanninglawy1946]

Excellent suggestion BG! Video coming soon 😎

[@marg22az]

I agree..

[@Sk7021]

Thank you sir

[@americasestateplanninglawy1946]

You are welcome Zk😃

[@janakiramsetty5812]

@@americasestateplanninglawy1946 excellant advise for amendment of trust. usually need if change trustees or distribution for beneficiaries Thanks,

[@TranNguyen-pk6in]

Your video is so informative. Thank you!

[@americasestateplanninglawy1946]

You’re welcome TN 😀

[@korenng5553]

Good ? Thks

[@davidb.7223]

Could you enlighten us on conduit and accumulation trusts?

[@harboranimal]

You mentioned in a previous video Louisiana has different legal provisions for trusts than other states. When a Settler like my wife and I move to a different state, do we need to seek an attorney in our new state to review and determine if our trust is in compliance with the state in which we now currently reside?

[@jeantave8562]

Thank you for this channel, I just found you. Is it protocol to sign a paper basically saying my lawyer represents my mineral interests Trust. ( so he can make sure I get the best bonus signing check and the most on my acres of mineral interests on a lease.)

[@ronn773]

I bought my home (still have a mortgage) before I remarried. Will setting up a trust & funding make the home community property? I live in Texas.

[@dianebarron8362]

If I pay cash for a car and there is no loan how do I put it into trust without a lawyer?

[@florencesablan9624]

Do you need to hire an attorney to do a trust or amend a trust?

[@elainewilcox6390]

awesome, I do have a question. what happens ifvyou need assets from trust because grantor is incapacitated needs asset

[@dillonlexington]

Thanks for the informative videos. I have a question let's say I have a revocable trust called the "JK Revocable trust". I go and purchase a 2020 Mercedes Benz, When I register it at the dealership, should I tell them to put the owner's name as the "JK Revocable Trust"? And when I do this, will the police if they run the plate see it registered to the trust? I am asking to know if this will cause concern for them to insure that I am insured and allowed to drive the car. Or should I have a letter signed by me as the trustee showing "XXXX persons are authorized and covered to operate this vehicle"? I hope this makes sense. Again, thanks for the information you put out.

[@jlwirt78]

Hi, I have two questions I am hoping you can help me.. 1.) Do amendments need to be notarized in a irrevocable trust that changes the proportionate amount of beneficiaries, if the original Trust was indeed notarized and witnessed? 2.) If there IS a no contest clause in the irrevocable trust scenario above can anything be done? thank you so much for your attention!

[@gdcat777]

I'm going broke and can't afford to pay an attorney. I've scanned in my previous amendment and changed the names of beneficiaries and dates to update it without an attorney. If I take this to have it witnessed and notarised by a notary and 3 witnesses, will it be legal even though I went around the update through an attorney?

[@cnn.2509]

We need you in Alaska

[@todamoon55]

Can you work for resident of NJ?

[@oldgloryhillfarmturtlewoma9132]

Can one set up a revocable living trust, fund it, name a trustee, and then give written instructions to the trustee to disperse the assets in the trust?

[@MeiKo-sg3ow]

hi, this is Angela, my husband stan said he will give me 50 % of our house, first he asked me to signed a quitclaim deed from my name to his name, second, he granted his name to his living trust, and thirdly, he signed an amendment saying he signed 50% interest to me, he notarized all 3 papers, but he only recorded first 2 papers but not recorded the amendment, does that give me really 50 %? He didn't go to any lawyer for the amendment nor record it, and he doesn't allow me to seek legal advise. Please help me, thanks

[@kimwatson5708]

Both parents passed away my step sister is the administrator of the trust but I (successor trustee) do not know where she is, I haven't seen her since my step father passed in 2002. My parents have a Revocable Living Trust, what form do I need to change the administrator due to unable to locate them?

[@annettebecerra6065]

(joint revocable AB trust) some backround...... one brother gets the house he lives in? but has to pay a loan. i don't understand the last sentence in this amendment, what could you make of this confusing sentence. Amendment, trustors have sold their rental residence. Trustors hereby direct the trustee to make a substitute gift of whatever rental residence they may own at the time of the passing of the surviving trustor. They now own one at ...(address)...(what does this next sentence Mean) If trustors own no residence at that time then a substitute gift shall be made of assets worth the value of the net proceeds received by trusts when their last rental residence was sold

[@bgorn3397]

I legally changed my name. Does my trust name need to be changed?

[@kellyrodriguez5204]

Do my parents need to make a trust amendment if my name (they have me as the executor), has changed do to marriage? Or can I just prove that I am her by my marriage certificate?

[@donmcdaniel1717]

My wife and I are both in a second marriage. I have three adult children and she has one. My revokable trust and will call for my oldest son to be the trustee. It calls for the bulk of the assets to be distributed to my three children. It also has a stipulation for a certain amount to stay in the trust and be distributed to my wife until she dies. This set aside is to be distributed to her on an annual basis. I've also made stipulations for my house to be her residence. Then sold after her death. I also don't want the balance of what's set aside to go to her daughter. I'm concerned about that distribution being done properly by my son, even though I trust him. But you never know what might happen. My question is should I someway put that portion of my trust in a separated trust and have a private trustee handle that portion?

[@shannonbrunger9335]

My beneficiaries are my children and grandchildren I want to space it out so my children will not have to pay an increase of taxes so I wanted to do this every year for 10 years ,I wanted to leave grandchildren at the age of 25, 30, 35 the problem is paying out both at the same time . The grandchildren were to get balance in 3 payments. I was thinking of an amendment, I just don’t know how to correct this Can you help

[@jamesrichey7124]

I am

[@sibaroochi]

Hey Paul, my dad died and my stepmother went to the bank and cleaned out his account. Can I sue my stepmom?

[@dennykeaton9701]

Hahaha

[@millicentloffreda4065]

Hi Paul. Can you help me .. my investment is reaping 8 million dollars. What is the best vehicle or trust to put this in. I would like you to let me know.. This is very important to me My name is Steve and would please let me know by email mail. Thank you

[@showlow626]

I don't know why I started having these videos pop up on my screen every day BUT I do know one thing....... This guy is a con artist pure and simple! He starts out by giving FREE advice and slanted opinions about the differences between wills and trusts (That's setting the hook). But if you look down through the comments, you will see that he NEVER posts answers to viewers questions. His videos serve one purpose only and that is to get you to call him. Nothing but advertising!

[@click411]

I'm getting old and if I want to change management of a rental property to the beneficiary which is my son so he can manage it and get the tax write off. I am inside the trust and the trustee my son is the beneficiary on the house is inside the trust should I do that with an amendment form