Legal Question in Wills and Trusts in California

You are mixing up apples, oranges, and bananas. A living will is a term that lay people use to describe a health care directive. It has nothing to do with trusts or actual wills.

A will is a document that a person signs, and is attested to, that provides for the disposition of their property upon their death. Wills are ambulatory, meaning they only take effect upon the testator's (the person signing the will) death. If you want to amend a will, you can revoke the old will and write a new will.

A trust is a different creature all together. It is a three party arrangement, that involves the trustor, a trustee who holds legal title, and beneficiaries who have an expectation or equitable title in the future. If you want to amend a living trust, you need to comply with the trust instrument. If the trustor is still alive, this is easy. If the trustor is deceased, the trust has become irrevocable.

A trustee does not act under a will, but rather an estate executor is appointed. Wills may create trusts, which are called testamentary trusts.

I strongly suggest you speak to your attorney, as doing it yourself can cause problems down the road when it comes to estate planning.