Update Trust

[calico1597]

Hubby and I paid to have a trust established last year. We want to make a change to our distribution percentages. I emailed the attorney who created the trust, he said he'd get the changes made, cost would be $150, I agreed to the fee and didn't hear anymore. A month later I sent another email, he apologized, said he forgot and would get on it. Nothing has happened, now it's four months later. Can I cross out what is written in the trust, write in the changes and have the paper notarized? Our granddaughter will be executor, I would tell her about the changes once notarized.

 

[marinauser]

I would not do that but I would fire the lawyer, get your file from the fired lawyer, and find another lawyer and have the change made correctly according to your state's laws, if possible. In part it will depend on exactly what type of trust that it is under your state's laws.

 

[Midpack]

I would not do that but I would fire the lawyer, get your file from the fired lawyer, and find another lawyer and have the change made correctly according to your state's laws, if possible. In part it will depend on exactly what type of trust that it is under your state's laws.

Sounds like a good idea, but I'd guess any new attorney wouldn't accept the formers attorney's work - so he/she might be on the hook for way more than $150. Tough situation, I'd be Please correct me if I'm wrong, only guessing.

 

[Slim11]

Unfortunately, I would do it with the lawyer or a new one. Having 2 documents, with 2 exacuters may cause infighting later. We are dealing with that now. Have it set up now, so no one fights later.

 

[MarieIG]

Making the changes yourself may not be in compliance with the appropriate law. Going to another law firm may result in paying for complete trust documents twice.

I don't know anything about AZ law, but I know a teeny bit about lawyers. It may not work, but I think it's worth a shot.

What I would suggest is this. Call the firm and find out if the lawyer has a paralegal, and if no paralegal, a secretary. I would then ask the para or secretary to schedule my appointment to sign off on the completed changes to the trust - and forward her a copy of the e-mails with the (sluggo) attorney. Then follow up with the para by phone to confirm the work is done before your appointment. The para or secretary will hunt down and harass the slug-of-an attorney to approve/ finalize the changes. (Should you have to do this, no, of course not: but it may save you money in the long run.)

 

[Teacher Terry]

I have read about wills being invalidated because things were crossed out and initialed so wouldn’t do that.

 

[Drake3287]

I went through a similar issue on my parents Trust after they passed away. Many of these attorneys have zero memory and drop the ball all the time. Most of us would be out of a job if we ran a business like them.

I'd simply email him again, not worth the hassle of starting all over again with someone new. If he was a stand-up attorney he'd now do the update for free.

I only feel sorry for who's ever in charge of your Trust after you pass away, there'll be dealing with him all over again.

 

[RobbieB]

Shouldn't have to. The trust is so you don't have to deal with attorneys after the fact.

But it has to be accurate as the trustee has to administer the trust to the letter.

 

[CRLLS]

Do not cross out or add comments in the margins even with it being initialed and/or notarized. What you want is a "Trust Amendment". It keeps the original document and makes changes as an addendum. No need to have to start all over.

I would fire the attorney post-haste.

A new lawyer can help with the Amendment if desired, or you can DIY. DMIL did this several times to her Trust document(s).

 

[Mark1]

Hubby and I paid to have a trust established last year. We want to make a change to our distribution percentages. I emailed the attorney who created the trust, he said he'd get the changes made, cost would be $150, I agreed to the fee and didn't hear anymore. A month later I sent another email, he apologized, said he forgot and would get on it. Nothing has happened, now it's four months later. Can I cross out what is written in the trust, write in the changes and have the paper notarized? Our granddaughter will be executor, I would tell her about the changes once notarized.

Be a more constant pest, be cordial, get the trust updated, ask about how to handle potential future updates; and then discontinue using this lawyer.

 

[steelyman]

Do not cross out or add comments in the margins even with it being initialed and/or notarized. What you want is a "Trust Amendment". It keeps the original document and makes changes as an addendum. No need to have to start all over.

I would fire the attorney post-haste.

A new lawyer can help with the Amendment if desired, or you can DIY. DMIL did this several times to her Trust document(s).

Good info, thanks. I wonder if this applies to health care power of attorney also (my guess is yes).

 

[Badger]

Don't fire the lawyer just yet or hire another lawyer which would cost more money to have the trust rewritten. I would suggest taking all the documents in addition to the trust and go over them carefully to make sure they all say what you want. Then set up an appointment with the lawyer to discuss their lack of urgency and your request. Many lawyers have secretaries that handle the writing of the trust so he may need to set a fire under them to get it done within an agreed upon deadline for you to return to pick up the trust. The lawyer should have a copy of the original. Since the lawyer should be keeping the file on computer it would only take a few minutes while you are there to make the changes and provide the copy for signatures. Once you have read it over and it is to your satisfaction then fire the lawyer. You don't need them anymore. Just make sure a copy is held by an additional person. Maybe the trustee.

Cheers!