Legal Question in Wills and Trusts in California

is the amendment to a Trust as effective as the Actual Trust. The original Trust has been misplaced, never revoked, and the House was listed in the Trust and is in the amendment. Is that sufficient?


Asked on 7/18/11, 1:14 pm

1 Answer from Attorneys

Michael Weinstein Law Office of Michael R. Weinstein

A court which considers a trust matter must see the trust document to assure that the terms of the trust are fulfilled. A court cannot determine the terms of the trust by consideration of an amendment when it does not know the terms of the original trust.

When you state that the house was listed in the trust, how is the court to know that without the trust document?

If the trust amendment references the house and states who the beneficiary of the property is, the court may be able to find that the house is held in trust and that it should be distributed to the beneficiary named in the trust amendment.

You need to consult with an attorney whose practice includes estate planning or probate to guide you after reading the amendment you identify. Without the original trust you will have to ask the court to determine whether the amendment is sufficient to establish the house as part of a trust and who the beneficiary is

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Answered on 7/18/11, 1:44 pm


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