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making a change in a trust- CA law

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rosewoman

Junior Member
Hi, thank you for taking the time to answer my question...

We would like to make a change in my husband's trust. Our question is: Is it legal to type out an addendum, notarize and date it and send a copy to our lawyer or must we pay her to make the changes for it to be legal? (California law.)

Thank you for your time,
Jillian Rose
 


curb1

Senior Member
"Amending a trust
Trusts are generally easier to amend than wills, requiring fewer formalities. You modify a trust
through a procedure called amendment. You should amend your trust when you want to change or
add beneficiaries, change disposition of assets in the trust, or change trustees. You amend a trust by a
writing, called an amendment to the trust, explaining the changes, specifying the new additions or
deletions, signed by you and dated. You should not detach a page from the trust document, retype it to
include the new information, and put it back in, because this could invite a legal challenge from a
disgruntled nonbeneficiary or require a court's construction of the trust.
You don't have to write a formal amendment to the trust to add property to it, because a properly
drafted trust will contain language giving you the right to include property acquired after the trust is
drafted. You simply make sure the new property is titled as being owned by the trust and list it on the
schedule of assets in the trust. You do have to amend the trust if the newly acquired property is going to
a different beneficiary than the one already named in the trust, or if the trust has more than one
beneficiary listed."

http://www.abanet.org/publiced/practical/books/wills/chapter_9.pdf
 

rosewoman

Junior Member
Thank you for your prompt reply! You sent me a lot of valuable information that I will read more thoroughly later, but for now, I think you did not quite answer my question. I know trusts CAN be amended, but can we do it ourselves or do we need the lawyer to make the changes?
 

curb1

Senior Member
And, you don't "a copy to our lawyer". It is your trust, not the lawyer's. Some of this advice depends on how complex is your trust. What kind of beneficiaries do you have? Do they get along, or will there be disgruntled beneficiaries? If you foresee problems, it would be a good idea to run this by the lawyer.
 

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