Legal Question in Wills and Trusts in California
Changing a section of a family trust
We have a trust-3years old--can't locate the atty who drew it up for us . We want to change one section - which had stated that wife could only live in home 1 year after death of spouse- then would have to leave the home-as itis in the name of the children from the former marriage--NOW--we want to change that to allow wife to stay until her death or until she feels she can no longer handle the expenses of the home- then let the children take it over-. WE have been told all we need to do is simply write and state the change we want to make, type is out, and have it whittnessed, and take it to a notery, sign it in front of them and put it with the rest of our papers.Will this stand up???Thank you for your help-
Also how do we locate the attorney who drew up the original papers--he seems to have left with no notice???
2 Answers from Attorneys
Re: Changing a section of family trust
The procedure for amending the trust should be in the trust itself--see what it requires for changes, as trusts differ. If it is not in the form called for by the trust, or by California law, it may not be a valid amendment, or may later require a court to declare it a valid amendment.
You should see an attorney to amend the trust--it should not cost very much, and your estate plan should be reviewed periodically anyway.
As for finding your attorney, contact the California State Bar, which keeps records on all living active and inactive Bar members. You can also use the State Bar's website to search for attorney addresses, phone numbers, and e-mail addresses--go to "www.calsb.org"
Do It Yourself Trust = Penny Wise
I do 4 Probates every year for people who did their own Living Trusts, saving legal fees but screwing up something.
Would you do your own heart operation? Maybe it is legal, but you need professional help to do it right.
Many lawyers do not like to review someone else's Trust. There is liability if one of the many technical requirements is missed.
So much can be done with a Trust, if it is done right.