Your MyAdvocate trust restatement completely replaces all the language of your original trust and updates the language to be consistent with your current wishes.
The restatement keeps the original name of the trust and the date of creation of the original trust. This means any assets you have already transferred to the original trust do not need to be re-titled. They are still owned by the trust and are now subject to the updated provisions.
Although the trust restatement replaces the provisions of your original trust, you should hang on to your original trust document and any documents you signed to transfer assets to the trust.
Included with the trust restatement, we will also provide you with a new trust certification (sometimes called an Extract of Trust or Memorandum of Trust). This new certification replaces any certification you may have received with your original trust document. The certification can be presented instead of your entire trust document to anyone who asks to see your trust, such as a financial institution or title attorney.
While it is not common for a revocable trust to have restrictions on amendments or restatements, if your original trust was not created using the MyAdvocate system, you should carefully read your original trust to confirm there are no restrictions on amending or restating it.
If your original trust was created using the MyAdvocate system, you are able to restate it. Likewise, your MyAdvocate trust restatement document allows you to restate the trust again in the future if you want.