Legal Question in Wills and Trusts in California

addendum to trust

do we need an addendum to our trust for our only child to our estate, now he is not a minor ?


Asked on 7/13/09, 7:31 pm

4 Answers from Attorneys

Marc Wilson Law Office of Marc Wilson

Re: addendum to trust

Most likely, no. But the answer really depends on the terms of the existing document. The trust is like a contract and any changes must coincide with that contract.

Either myself or another experienced trust and estate attorney would be happy to review the document and thereafter, only if needed, prepare the necessary amendment.

Thanks!

Marc

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Answered on 7/13/09, 7:37 pm
Scott Linden Scott H. Linden, Esq.

Re: addendum to trust

If you want the child to be added to the trust, then most certainly. Remember, accidents can happen at any time, that's why they are called "accidents".

If you do not add your child, then the child will be considered a pre-termitted heir and can file suit against the trust itself.

It is always best to update your trust whenever a major life changing event occurs; such as a new home purchase or the birth of a child.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.

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Answered on 7/13/09, 7:56 pm
Kai Wessels Kai H. Wessels

Re: addendum to trust

The answer to your question depends upon what your trust document says. That requires you and/or someone else to read it. I strongly suggest that you sit down and read the document, even if some of it you may not understand and the 50 or so page document does not read like Gone of the Wind.

If you do read it, I suspect that the section that addresses this issue will be understood by you. If you can't understand it, then by all means see an attorney.

I of course am willing to assist you if you still are not sure about the answer to your questions.

Sincerely,

Kai H. Wessels, Esq.

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Answered on 7/14/09, 2:08 am
Donald Field Donald L. Field, Jr., Attorney at Law

Re: addendum to trust

this may nor may not be needed. however, unless your estate plan, including your trust, was prepared in the last 5 years, it should be reviewed by a qualified estate planning attorney to ensure that it still accomplishes your goals and to determine whether or not the many changes in the federal and California law affect your plan as originally designed.

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Answered on 7/16/09, 11:08 am


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