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Trust Amendments

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D

DesertSunshine

Guest
In March of 1993 we had a family trust made out in the state of California. In May of 1993 I had the trust amended regarding the children's division of trust assets and added specific ages (to be split every 3 years). Currently I want to make a change to only one of the children in regards to their inheritance. Do I have to have another amendment made or have a codicil made to my last will and testament?
I do not know the difference between the amendments and a codicil. Also, I have other changes to make in regards to change of executor and power of attorney.
I have moved to the state of Arizona and have the codicil forms but after reading the trust there is a section ofr Trust Amendments. Now I am somewhat confused.
Hope you can help please.
 


L

loku

Guest
If the change you want to make has to do with assets in the trust, you must amend the trust to make the change.

If the assets will pass as part of your estate, not under the trust, then you should change your will. Also you should change your will to change executor and power of attorney. There are two ways to change the will. One is to add a codicil, which is a separate piece of paper, witnessed the same as a will; the other way is to write a new will. The safest way to go, particularly if you have a number of changes to make, is to write a new will. That way, there is less likely to be confusion when you die. Also, you are in Arizona now, and if you die a resident of Arizona, it is probably best to have an Arizona will, or a will drawn by an attorney with Arizona in mind.
 

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