Legal Question in Wills and Trusts in California
re: amending revocable trust to irrevocable trust after death of granter of said trust
Hello, I do understand upon the death of the settler or granter of a living trust, said trust becomes irrevocable. My question for you today is, does this have to be physically done or it this simply an understanding. If the living trust does indeed need to be changed, do I have to rewrite every pg and if so, is additional legalese to be added?
Or, will an amendment surfice.
While I'm at it,if I may, I do have another guester that I would really appreaciate your clearing up for me, Please be as kind as to inform me what pages of the trust I give to the bank or to a beneficiary as in, Last Will and Testamony-I don't see anything Titled Last Will and Testamoney in this living trust and what else besides what they have been gifted am I to include. It's embarressing but I just don't know. Thank you very much for your kind help, it is most appreciated.
1 Answer from Attorneys
It is automatic by operation of law. It also is usually stated somewhere in the trust documents that it becomes irrevocable, although that is surplusage.
Without knowing and seeing what is the full set of estate planning documents, there is no way to answer your second question. You should spend a little money on attorneys fees to get some personal guidance on all this, especially if you are the successor trustee and NOT the sole beneficiary, since you will have a lot of obligations and duties to any other beneficiaries that you could be in big trouble if you mess up.
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