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We amended the Family Trust with a legal document drafted by a Trust attorney (3 years ago), witnessed & everything proper.

Enfield, CT |

The original Trust (12 years ago) had on the last page the name of the original Trust Attorney and a statement that amendments to the Trust "shall" be sent to him certified mail, sign receipt. No time limit mentioned nor stated on when to send the amendments. Do we have to send and if so can we send now since the amendment has become very important now & in the future.

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Attorney answers 2


I don't think there's much precedent for this type of situation, but common sense suggests that if it appears before the signature line it's an obligation of the trustee, and if it appears below the signature line it's more properly treated as a disclaimer/request. Moreover, if it's a revocable living trust, the creator can freely waive any of the obligations imposed by the trust if he or she desires. That said, I don't see why you wouldn't send it to the attorney just for him to have it so that, if he was ever contacted about issues down the road, he would know that changes had been made. It doesn't mean you have to hire him.

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The request for a copy of the Amendment does appear just before the signature line. The request for a copy of the Amendment appears on the last page, page 20, of the Original Trust document, the Settler & Trustee signature page. The Original Trust is 21 pages long. Page 21, the very last page is The Notary Public Acknowledge page only. The Trust is a Revocable Living Trust known as "The XXXXXXX Family Trust". The original Attorney is a family member with whom we have major disputes with.

Scott D Rosenberg

Scott D Rosenberg


If the settlor wants, s/he can remove the notice requirement as an additional modification if s/he wants the notice obligation to be avoided. If the settlor doesn't make the modification, and also isn't the trustee, then it would be a breach of duty by the trustee not to provide the notice. However, that breach is minor, and generally one only the settlor could object to on a revocable trust.


I agree with Attorney Rosenberg that the ‘safe’ route is to send a copy of the revision to the drafting attorney. If this is the only restriction on amendments, there is nothing the drafting attorney can do if he/she objects to the amendment. This is presuming the amendment is valid as drafted and executed, (trust maker competent, no undue influence, etc.)

If the purpose of this notice is to in any way benefit the drafting attorney, it may not be enforceable or it may be a breach of ethics to have made such a restriction on amendments. None of that is important, however, if you just send a copy of the amendment. I suggest it be sent return receipt required.

Legal Disclaimer: The comment provided above is intended as general information and is NOT legal advice. You should consult an attorney for advice regarding your individual situation. If your question concerns Estate Planning, Business Planning, Asset Protection, Elder Law, Long Term Care Planning, or matters governed by the laws of Massachusetts or Connecticut, you may contact me for a consultation at or 413-527-0517.

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