Full question:
I am listed as First Successor Trustee in an 'Affidavit of Change of Trustee' to my family's revocable trust, my elderly father having resigned as trustee and given my two brothers joint trusteeship. QUESTION: My name is listed incorrectly in the document. What do I need to do to have this error amended? Thank you! (PS: I live in TX; the trust and the remainder of my family are in Contra Costa County, CA) This affidavit was executed without my knowledge. I became privy to it by accessing the Contra Costa County public records online and ordering a copy. Thank you.
- Category: Trusts
- Date:
- State: Texas
Answer:
In order to make changes to a revocable living trust, a person may sign a Trust Amendment or sign a complete Trust Restatement. A trust amendment changes specific provisions of a revocable living trust but leaves all of the other provisions unchanged, while an amendment and restatement of Trust completely replaces and supercedes all of the provisions of the original revocable living trust.
If the error is only in the affidavit, another affidavit may be prepared. You may also inquire at the county recorder's office if they have a local procedure for correcting clerical/typographical errors. In some cases, a court order is required to have the records custodian make the change.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
