Legal Question in Wills and Trusts in California

living trust amendment update

We have a living trust, c. 1989.

It is a 2nd marriage for the widow, not remarried but living together. The LT was with first husband and there is a decedent estate with 51% of the real property. We need to write a new amendment so that it reflects our latest gifts as well as securing the gifts for the male who would inherit the house if the wife died first. The question is can we write our own amendment and will it be valid. The estate with property values is over $1 mil.

Also what is the concern because we are not legally married.


Asked on 4/27/08, 1:58 pm

5 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: living trust amendment update

You can, of course, write your own amendment. There is no legal requirement that it be written by a lawyer. But, if you do, you need to get educated about what you have, why and how it works. If you don't want to take these things to a lawyer and want to avoid the expense, you can get my book on the subject, written for the ordinary person in the middle class. It will answer most of your questions and even give you forms to use to make the amendment, and get new Durable Powers of Attorney and Advance Healthcare Directives, documents that are equally if not more important to review and revise. You can learn more about the book and get a free special report from my website www.IWant2CreateMyLegacy.com.

Read more
Answered on 4/28/08, 2:01 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: living trust amendment update

You can, of course, write your own amendment. There is no legal requirement that it be written by a lawyer. But, if you do, you need to get educated about what you have, why and how it works. If you don't want to take these things to a lawyer and want to avoid the expense, you can get my book on the subject, written for the ordinary person in the middle class. It will answer most of your questions and even give you forms to use to make the amendment, and get new Durable Powers of Attorney and Advance Healthcare Directives, documents that are equally if not more important to review and revise. You can learn more about the book and get a free special report from my website www.IWant2CreateMyLegacy.com.

Read more
Answered on 4/28/08, 2:01 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: living trust amendment update

You really need to go to an attorney. It can be very tricky.

Read more
Answered on 4/27/08, 3:17 pm
Frankie Woo Fiducia Legal

Re: living trust amendment update

Your question is a bit confusing. You say 2nd marriage, but then "not married". You say there is a LT with first husband. Where is second husband? You say "we need to write a new amendment." Are you the settlor of the trust? Don't you mean that she needs to write a new amendment, not you. Since you are not married, there is no community property. It is very difficult for unmarried couples to have a joint trust. You should consider having your own separate trust, and not making amendments to the old one to include you. Anyways, you need to talk to an attorney. One issue to be aware of is whether the trust is revocable or not. Sometimes, the decedent's estate cannot be revoked, especially if it is an AB trust.

Read more
Answered on 4/28/08, 12:46 am
David Justin Lynch David Justin Lynch & Associates, APLC

Re: living trust amendment update

You need a lawyer. This is not something you can do yourself. Please call our office for an appointment. Contact information is on our website, www.attorneylynch.com

Read more
Answered on 5/01/08, 2:14 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California