Asked in Estate Planning and Family Law for Texas

Q: Do both settlors of a joint revocable trust have to sign any amendments made. Or can 1 settlor sign who is also trustee.

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2 Lawyer Answers
Isaac Shutt
Isaac Shutt
Answered
  • Estate Planning Lawyer
  • Richardson, TX
  • Licensed in Texas

A: It really depends on what the original trust document states. So, the answer is: "It depends". Start by looking at the trust declaration for how to amend the trust declaration. This is usually in a paragraph labeled "Revocability."

Nina Whitehurst agrees with this answer

Jaime Victor Papa
Jaime Victor Papa
Answered
  • Estate Planning Lawyer
  • Plano, TX
  • Licensed in Texas

A: It will depend on the language of the trust. I review trusts and create them often for clients with language specifying both scenarios.

Once the amendment is made, you need to ensure you take appropriate steps to ensure the trust remains enforceable.

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