Q: We (husband and I) want to change the executor on our revocable trust before traveling soon.

A: Changes to living trusts are generally notarized, so assuming that you have drafted the amendment/declaration correctly, it should hold up. However, there are other documents that have executors and also power of attorney, and it would be advisable to have it done correctly. You mentioned it was short notice, but you may want to factor in potentially making a mistake somewhere in your estate plan that doesn't align with your wishes.

A: If you want it done correctly, have a lawyer draft and notarize the Amendment. Most trusts have a provision saying that Amendments to the Trust must be prepared using a specific type of document, certain words, and using specific procedures so the Amendment will be considered valid. If your trust says you can amend your trust in the way you want to do it, you follow the exact procedures required and use the required language, you MIGHT be OK, but it will all depend on the words you use to draft the document. I regularly tell people that there are certain areas of law where people can TRY to "wing it," but estate planning is definitely NOT one of them. There are a number of plain English words that have very specific legal meanings, so it is easy to have your document misconstrued, as it will almost certainly be interpreted using the legal definitions of words, not the plain English definitions. As a result, I often tell people that, if they can't tell me the legal meaning of the word "issue", they should not attempt to draft anything themselves. Best wishes!

A: While it is possible to amend a revocable trust with a notarized declaration, it is not the most advisable approach for several reasons:

1. Proper procedure: Amending a trust should follow the procedure outlined in the trust document itself. Most trusts require a formal amendment document that is signed and dated by the trustor(s).

2. Clarity and specificity: A separate declaration might create confusion or ambiguity if it is not properly integrated into the main trust document.

3. Legal enforceability: A notarized declaration may not carry the same legal weight as a properly executed trust amendment, especially if it contradicts or is inconsistent with the original trust document.

The best course of action would be to create a formal trust amendment that adheres to the requirements set forth in your trust document. This amendment should be drafted, signed, and dated according to the proper legal procedures.

If time is of the essence, you could consider:

1. Contacting an estate planning attorney who can quickly draft the necessary amendment for you to sign before your trip.

2. If your trust allows for it, you might be able to create the amendment yourself using online legal resources or templates. However, it is always best to have an attorney review any legal documents.

Remember, a revocable trust is a legally binding document, and any changes should be made thoughtfully and in accordance with the law to ensure their enforceability.