Does an AMENDMENT TO REVOCABLE TRUST need to be notarized?
The signing of estate planning documents, including revocable trusts, are usually witnessed and the signatures commonly notarized. Some states do not require either for creating or amending a living trust. Although there may be no such requirements under state law, it is generally recommended to have the document notarized. A revocable trust document usually describes the procedure necessary for amendments. For this reason, the language of the trust that provides for amendments should be reviewed carefully. If the trust document requires witnesses and/or a notary public, failing to abide by these requirements could result in the amendment being invalidated.
A trust is a three-party fiduciary relationship in which the first party, the trustor or settlor, transfers (“settles”) a property (often but not necessarily a sum of money) upon the second party (the trustee) for the benefit of the third party, the beneficiary.
A testamentary trust is created by a will and arises after the death of the settlor. An inter vivos trust is created during the settlor’s lifetime by a trust instrument. A trust may be revocable or irrevocable; in the United States, a trust is presumed to be irrevocable unless the instrument or will creating it states it is revocable, except in California, Oklahoma and Texas, in which trusts are presumed to be revocable until the instrument or will creating them states they are irrevocable. An irrevocable trust can be “broken” (revoked) only by a judicial proceeding.
The trustee is the legal owner of the property in trust, as fiduciary for the beneficiary or beneficiaries who is/are the equitable owner(s) of the trust property. Trustees thus have a fiduciary duty to manage the trust to the benefit of the equitable owners. They must provide a regular accounting of trust income and expenditures. Trustees may be compensated and be reimbursed their expenses. A court of competent jurisdiction can remove a trustee who breaches his/her fiduciary duty. Some breaches of fiduciary duty can be charged and tried as criminal offences in a court of law.