(Warning: Typos Intact, Not Legal Advice)

Do I need a new trust document or can I make pen and ink changes to addresses (with trustees initialing)?

Got a trust document created in 2017, but contemplating moving (staying in the same state and county). Nothing else should need updating. Do I need to have a whole new trust document created, or can I just pen and ink change the addresses and have both trustees initial the changes?

Answer: You don’t need a new trust document, but you should amend your existing trust in writing. The issue with making important changes, such as the ones you describe, is that if those changes are not witnessed or notarized, they may not be accepted as valid.

Traditionally, with wills, you can obliterate or scratch out provisions, but you cannot add new provisions unless the changes are properly witnessed and notarized. This means you can remove beneficiaries from a will but cannot substitute new ones without following proper legal procedures.

It’s also important to recognize that trust laws can change over time, especially over extended periods. It’s always a good idea to stay in touch with your estate planning attorney. I understand that the last time you saw your trust attorney might have been when you signed the documents many years ago. This is common but unfortunate. That’s why, in our practice, we have an ongoing “Red Wagon Club.” It’s a combination of a social club and a trust information club designed to keep clients informed about their estate plans. This way, our clients can be intelligent participants in their own lives and stay updated throughout their journey.