Legal Question in Wills and Trusts in California

Living Trust Update

I need to update our 2001 Living Trust to include investment property that is being placed in individual LLC's, according to state. Is it best to update or simply start over?


Asked on 7/20/07, 4:29 pm

3 Answers from Attorneys

Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Living Trust Update

In a general sense, you may not need need to "update" your trust depending upon what you mean by "update". Moving assets into an existing living trust is one matter, and "updating" or revising a trust is another.

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

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

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 7/23/07, 11:17 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: Living Trust Update

Your questions belies the fact that you don't really understand what a living trust is or how it works. If the property is being "incorporated" in separate LLC's you should own the shares in the name of your trust. Your trust may benefit from updating, but in order to decide you need to consider if you would do anything differently.

I recommend you invest $20 and download my book on the subject. It is short, and in plain English. It will help you make these decisions and remain in control of your own estate planning.

Go to one of my websites, www.mwroth.com and go to the products page. Click on the link for the book. It will take you to another site, www.yourlivinglegacy.info where you can get a lot of information and purchase the book. Or if you want your can go directly to www.yourlivinglegacy.info.

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Answered on 7/20/07, 6:17 pm
Scott Linden Scott H. Linden, Esq.

Re: Living Trust Update

We tend to update where possible, bt when there starts to be voluminous updates, it is better to start over.

Because the Court must read through each update independantly, once there are 3-5 it can become confusing, this is why we will often just recreate a new testamentary document.

Our firm specializes in trusts and estates, I believe we can assist you for a minimal charge.

Please feel free to contact me at the number and/or email provided by LawGuru, we offer free consultations, so it can't hurt to have us review whatever you have. Additionally, you can learn a little more about our firm as well as some very useful information regarding trusts, wills and probate on our firm's website, No-Probate.com.

Scott

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Answered on 7/20/07, 6:50 pm


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