Legal Question in Wills and Trusts in California

family trust/will changes

I have a family trust and will.I want to change the distribution from the estate.right now it's split 2/3 & 1/3.I want to make it all to one person.do I need a lawyer to do this or can I just do a codicil to the will?


Asked on 9/27/07, 4:48 pm

4 Answers from Attorneys

Donald Field Donald L. Field, Jr., Attorney at Law

Re: family trust/will changes

you should retain an attorney to review your trust for needed updates and to make the changes you intend. otherwise, your estate may not pass in the manner that you desire.

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Answered on 9/28/07, 1:38 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: family trust/will changes

Your question implies that you don't have any idea how this really works. If you don't have assets in the name of the trust, you don't have a trust. If you don't have virtually all your assets in the name of the trust, those assets not in the trust name will, with few exceptions, have to go through probate on your death, and should become incompetent for a significant time before you die, as significant likelihood, someone will need to go to court to get a conservatorship to gain control of those assets. Your testamentary plan should be spelled out in the trust document, not a will.

I suggest you download and read my book on the subject, written for laymen. Its called "Create Your Legacy & Save the American Middle Class - How You Can Protect Your Family and Loved Ones in the Event of Death or Disability (Without Paying Legal Fees)and Win their Gratitude and Admiration" You can get this short book (about 90 pages) on line at www.yourlivinglegacy.info.

Good luck and get learning. The questions on this website are testament to the messes that occur when people don't know what they are doing.

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Answered on 9/27/07, 5:05 pm
Kai Wessels Kai H. Wessels

Re: family trust/will changes

While it is not impossible for a layperson to make significant changes to a trust correctly, the manner in which you ask the question indicates that it would be totally unwise for you to undertake such endeavor.

So I strongly recommend you to obtain assistance of an attorney.

If I can help, please let me know.

Sincerely,

Kai H. Wessels, Esq.

(tel. 877-Wessels).

(tel. 877-Wessels)

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Answered on 9/27/07, 5:15 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: family trust/will changes

In a general sense, the process would be to prepare an amendment to the trust, and not a codicil to the will, assuming that you are trying to modify the distribution formula set forth in the trust document.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced estate planning law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California estate planning law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 9/27/07, 6:48 pm


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