We need to change the executor for an existing Will. Do we do that with an amendment?
Hello, we need to change the executor for an existing Trust. Do we do an amendment in that case?
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So you'd do a new Will—I assume it's a pour-over Will. You use the same language and just change the executor.
Here’s a free sample Codicil to a Will, but honestly, it’s easier to execute a new Will.
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Hello, we need to change the executor for an existing Trust. Do we do an amendment in that case?
Lexi, Chatbot
I understand you need to change the executor for your Trust. Have you already identified who you would like to appoint as the new executor?
Yes.
Lexi, Chatbot
Are there any specific reasons why you are looking to change the current executor of the Trust?
Yes, we no longer wish the original to manage our affairs.
Lexi, Chatbot
Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with changing the executor of your Trust.
Also, we no longer employ the attorney who drafted the original. Can we maintain copies of the estate planning documents without having them on file with an attorney?
StephenH129
Hello! Thanks for using AskALawyer. My name is Stephen, and I am an attorney ready to answer your questions with top-quality service.
StephenH129
You don't need an attorney, correct. You would change a trustee in an amendment. Is this a Trust or a Will? A Will has an executor.
I'm sorry, we are updating both. I should have said "Successor" to the Trust.
StephenH129
So you'd do a new Will—I assume it's a pour-over Will. You use the same language and just change the executor.
Here’s a free sample Codicil to a Will, but honestly, it’s easier to execute a new Will.
The documents were originally drafted by our attorney in 2014, but we no longer engage that attorney. Do any changes need to be filed somewhere, or do we simply maintain copies safely? Do copies need to be held by an attorney?
StephenH129
You keep everything. You keep the originals. No one else has to have them now. No attorney needs to be involved technically.
We have both Wills and Revocable Trusts.
StephenH129
That’s perfectly fine. You can make the updates and maintain the documents yourselves. No filing is needed unless your local laws require otherwise (which is rare for Trust amendments).
Thank you, you have answered all my questions. Have a good day.
StephenH129
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