Do I need a lawyer to change my will in a living trust?

Full question:

Do I need to have a lawyer in order to change my will, which is presently included in my living trust documents? If not, what must I do?

Answer:

No, you do not need an attorney to change your will. However, consulting a lawyer can be beneficial in certain situations.

If your will is part of a living trust, the property in the trust will pass through the trust. Any property not in the trust will pass according to your will. You can create a will that aligns with your trust, or you can terminate the trust and create a new will unless the trust prohibits termination, which is uncommon.

You also have the option to establish a new living trust and will. Just ensure that any documents you create are executed properly; otherwise, they may not be enforceable.

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.

FAQs

The cost to amend a living trust can vary widely depending on several factors, including the complexity of the amendments and whether you hire an attorney. If you do it yourself, the cost may be minimal, typically involving only the fees for document preparation. Hiring an attorney can range from a few hundred to several thousand dollars, depending on their rates and the complexity of your trust. Always consider consulting a lawyer for significant changes to ensure compliance with legal requirements.