How to Change a Living Trust After the First Spouse's Death
- 1). Review your living trust. Take note of all of the provisions of the trust that make distributions to your deceased spouse. Also take note of any distributions to individuals that you no longer wish to provide for due to your spouse's death, such as your spouse's child from a prior marriage.
- 2). Prepare a typewritten document entitled "Amendment to X Trust," where X is the name of your living trust. Within the amendment, detail the provisions that you no longer wish to remain in effect. For example, you might write: "All gifts bequeathed to my deceased spouse, Mary, shall now go to my mother, Laura Smith, upon my death." Make sure to refer to each provision in the original living trust you wish to change and explain the change.
- 3). Sign and date the amendment. Physically attach the amendment to the trust. Obtain the signatures of two witnesses on the amendment. Although witnesses are not required in every jurisdiction, it is better to have witnesses than none if your jurisdiction does, in fact, require witnesses.
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