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Amending a trust to make changes

Many people in Georgia may have created a trust as part of their estate planning process. However, after the trust was created, they may want to make changes to the document and the way that their assets are handled. They may wonder how they can best change a trust to ensure that their intentions are clear, even after they have passed away.

Most trusts that are used in estate planning are revocable and amendable, which means that they can be cancelled or changed. However, when making a change to a trust, it is often not sufficient to write on the trust document or simply initial changes. Making an amendment to the trust is a clear, accurate way to make the changes that the creator desires.

A trust amendment would contain acknowledgment of the ability to amend the trust, detail the desired changes and affirm that the remaining provisions of the trust are intact. When one trust has received a number of amendments over the years, it can be more difficult for a trustee to follow or understand the directions.

In some cases where a trust has already been amended many times, a person may wonder if it is better to simply cancel the trust and create a new trust. It could be possible to keep the same trust, however, while completely restating the current guidelines by using a full reiteration of the trust as the latest amendment. This prevents any need to re-title the assets held by the trust.

For people who are wondering how best to handle their trusts or other estate planning documents, an estate planning lawyer may answer their questions and provide necessary guidance. Whether a person wants to create an estate plan or revise existing wills and trusts, a lawyer may work to ensure that the process is completed correctly and accurately.

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