How to Amend a Revocable Trust for a Marriage Name Change
A revocable trust is an alternative to a will. It is preferred by many because unlike a will, a revocable living trust does not need to go through probate. As such, it gives your heirs faster access to your assets. Another benefit of a revocable living trust is that you can make changes to it quickly and easily, making it a more flexible document than a will. Simple changes to the trust, like a name change, can be made without requiring a lawyer's assistance.
Rewriting Method
Step 1Review the trust and note each instance of the old name.
Step 2Rewrite the sections with the old name on a separate piece of paper, replacing the old name with the new name. Change nothing else, just the name used.
Step 3Take the amended sections to a notary and have them notarized. File the notarized amended and the original trust and notify all other trustees of the changes you have made.
Codicil Method
Step 1Create a document -- a codicil to the original trust -- listing the new name and the date of the name change, along with the old name.
Step 2Provide documentation regarding the name change. This can include a copy of the Social Security card or the marriage license.
Step 3Have the codicil notarized and file it with the original trust and any supporting documentation.
References
Tips
- If you used an attorney to create the trust in the first place, it might be easier to have the lawyer make the modifications.