Legal Question in Wills and Trusts in California

You do not "need" to consult an attorney but I would. Often handwriting things into a trust can create problems. It shouldn't be costly so get it done right! Also, there could be improvements that could be made to your old documents and/or updates because of law changes. I encourage you to hire an attorney who is a certified specialist in estate planning law (as I am) to help you out. There is a list on the California state bar website. -John

You generally do not need to consult with an attorney to open or close bank or other similar accounts in the name of the trust. The trustee can do that directly with the financial institution in question. Likewise, unless the address or phone number is specifically contained in the trust, such as as part of a notice provision, you should not need to involve an attorney. If, however, you think you need to change any of the specific language of the trust document you should consult with an attorney. Please feel free to contact us if we can be of assistance.

Jon Reich

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

Estate planning is like buying tools for a project. Everyone wants to save money, but often the cheap results they get cost them more in the long run. It is better to have an estate planning attorney to look at it now, and help you get it right, than doing it totally on your own and having serious problems down the road.

I would add that making handwritten notes on a living trust document can result in several specific problems, including:

-An accidental revocation of part of the trust;

-Inapplicability of a no-contest clause to the written additions;

-Failure for the additions to be legally enforceable.

As a result, you may unknowingly frustrate your overall intentions by making the handwritten additions. Like the above comments state, your best bet is to talk to a trust attorney.

Palo Alto Estate Planning Attorney