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

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

  3. 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 : : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.

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