Does an Amendment to a Revocable Trust in Florida need to Be Notarized and/or Witnessed to be valid?

Asked over 1 year ago - Tampa, FL

Does an Amendment to a Revocable Trust Need to Be Notarized and/or Witnessed After It Is Signed to be valid?

Attorney answers (3)

  1. Gregory Herman-Giddens

    Contributor Level 14

    7

    Lawyers agree

    Answered . Yes, revocable trusts (and amendments thereto) for Florida residents must be executed with the same formalities as a Will. Two witnesses are required, and a self-proving affidavit signed by a notary should be used. I recommend using an estate planning attorney to ensure that the amendment is done correctly in all respects.

  2. Carol Anne Johnson

    Contributor Level 18

    4

    Lawyers agree

    Answered . Any amendment or restatement of a trust must be executed by will formalities, i.e., the settlor must sign in the presence of two witnesses who also sign in the presence of each other. Personally, I also have a self-proving affidavit signed, witnessed and notarized to protect the instrument against challenge down the road when witnesses may no longer be available. Have an attorney draft the amendment for you and get it executed properly.

    Carol Johnson Law Firm, P.A. : (727) 647-6645 : carol@caroljohnsonlaw.com : Wills, Trusts, Real Property, Probate,... more
  3. Michael Leo Potter

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Most states require one OR the other. Florida takes a 'belt and suspenders' approach and requires BOTH.

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