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Properly amending a New York trust

It's not uncommon for people to have a need to amend their estate planning documents. However, it is important that the amendment is done correctly to ensure its validity. Changes should not simply be made in the margins of existing trust documents. Instead, any amendment made to a trust document should be made as its own separate page.

If a change is made to any page in a trust, it must be notarized, signed and witnessed just like the original document itself. In the event that a change is made in the margin of a page, the best thing to do is print out a copy of the original. Then, the amendment can be properly added to the most recent valid version of the trust.

When a new trustee is appointed, changes may also need to be made to a will if the removed trustee was also named as the executor. Ideally, one person would be given power over an individual's assets. In the event that multiple changes need to be made to any part of the trust or other core documents, it may be easier to simply restate the trust, which incorporates all the changes into one document.

There are many strategies that an individual can use when changing or updating an estate plan, just as there are many reasons for needing to do so. A divorce or the birth of a new child are just two of them. However, it is important that these changes are made in accordance with the law to ensure that they are deemed valid. An estate planning attorney should be consulted when changes are contemplated.

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