Legal Question in Wills and Trusts in California

living trust amendment

I recently purchased from you the form for amending a living trust.

This is a second amendment, the first amendment effective four years ago.

I realize it is the original trust that is being amended but how does this affect the first amendment and is there any reference in the second amendment to the first amendment and does the first amendment stay with the original trust? I was going to completely ignore the first amendment and amend the original trust as if the first amendment never existed but somehow that didn't seem correct.

Thanks in advance for your help.


Asked on 2/14/09, 2:30 pm

2 Answers from Attorneys
Scott Linden Scott H. Linden, Esq.

Re: living trust amendment

First of all, we recommend NOT using form trusts, they do not contemplate your every want or desire, they are not flexible enough.

That being said, if a client were to come into our firm in your situation, we would recommend amending the trust in its entirety. Once you strt having multple amendments, it starts to get confusing for people and this can cause problems down the road.

If you would like us to take a look at what you have and give you a free estimate on amending it in its entirety, please feel free to contact me at the email provided by LawGuru or through our firm's website at PasadenaEstatePlanning.com.

Scott

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Answered on 2/17/09, 8:04 pm
Marc Wilson Law Office of Marc Wilson

Re: living trust amendment

If it is your intention that nothing in the First Amendment will matter after you complete the Second Amendment, then in the Second Amendment, simply say that the First Amendment dated ______ is hereby deleted in its entirety.

OR

The Second Amendment can alter items in both the original trust and the First Amendment. It is very flexible.

Thanks!

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Answered on 2/14/09, 5:02 pm


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