How can I get the form to revoke our revocable Trust?
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How can I get the form to revoke our revocable Trust?
The attorney will not give me the form without getting an appointment with him,
which I know will also have a charge. We have a family situation and do not want to redo the trust which can be quite expensive. Can I get the form elsewhere and have it notarized?
Asked on October 10, 2018 under Estate Planning, Missouri
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Ok so it is my understanding that Trusts in Missouri are presumtively revocable unless they state otherwies. The terms of the Trust can state HOW you are to revoke it. Read and see if you can find it. If it is silent as to same, then Missouri law allows it “ by any other method manifesting clear and convincing evidence of the settlor’s [i.e., the trust-maker’s] intent, including the terms of a later duly probated will or codicil that identify the trust being revoked or the trust terms being amended.” It does not appear that any specific "form" is required. Is that clear enough for you? What ever form you decide to use as a "revocation" document I would recite the name of the Trust, when it was formed, that you as the grantor/settlor choose to revoke it and have it witnessed and notarized. Make sure you say it is your "intent" to revoke. Remember that generally only the settlor/ grantor can revoke the Trust. Good luck.
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