Get the Declaration and Revocation of Trust

Hi this Keith Davidson at albertson aDavidson today I want to talk to youabout revoking your trust and it'simportant to understand the way in whichyou go about revoking a trust because ifyou've gotten to the point where you'reready to get rid of your trust orterminate it you have to understand theright way to do it so for example let'ssay you've come into my office and we'rehaving a discussion and you tell me Iwant to get rid of this trust that Icreated for whatever reason let's sayyou've had a marriage let's say you hada divorce you've had some life changeand you say I just don't want this trustanymore well that's fine because on arevocable trust we can revoke it whichmeans to terminate it get rid of it butwe have to go about terminating it injust the right manner and so you havetwo options to revoke a trust one is youcan go and actually look at the trustdocument most trust actually have aprovision and they'll tell you this ishow you revoke the trust and typicallyit'll be something along the lines of itmust be a writing signed by the set lorwho is you the trust creator deliveredto the trustee who is usually also youbecause you're usually acting as trusteeand sometimes it will requirenotarization sometimes it won't nowseparately the California probate codealso has a manner to revoke a trust thenthe probate code says you have to have awriting other than a will that's signedby the set lower it does not requirenotarization you can use either mannerto revoke a trust so you can follow theprobate code or you can follow the trustterms unless the trust says that itsmethod is the only way to amend torevoke the trust part me and if that'sthe case then you do have to follow onlywhat the trust says now best practiceswe almost always follow what the trustsays because that way you're sure thatthe revocation is going to be proper andupheld if ever it's question in thefuture so you look at the trust documentand it will lay out this is how you goabout revoking the trust you need awriting that's signed by the settleor delivered to the trustee and maybe itrequires notarization and so we draftthat up and we have you the set lowersign it we give it to you the trustee soit's been delivered to you and we have anotary sign it once you follow all ofthose requirements that are laid out inthe trust you can be assured that youhave a valid revocation and it will berespected and upheld if ever it'squestioned