Legal Question in Wills and Trusts in California

Living trust asset list update

1) To update the property list of a living trust, do I need to make a formal amendment? or can I simply write a new property list and insert it into the trust?

2) Do I need to put my 401K/IRA account into the trust? Or should I list the trust as a beneficiary in my 401K/IRA?


Asked on 10/16/07, 9:11 pm

1 Answer from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Living trust asset list update

The purpose of the list is primarily for the benefit of the successor trustee, so that he or she knows at a glance what your assets are. Most assets will have to be actually in the name of the trust. The exceptions are significant personal property assets that cannot be titled in the trust name, like the automobile in California, paintings, fine jewelry, household furniture, etc. Then the list identifies those assets affected by the Bill of Sale transfering title into the trust name.

Your IRA and 401k are already in trust. You can make the trust the beneficiary. The benefit is to direct those funds remaining after your death according to your testamentary plan.

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Answered on 10/16/07, 11:43 pm


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