Legal Question in Wills and Trusts in California

living trust

During a recent move, I might have lost the original copy of my living trust with my late wife. I have remarried and need to ammend my part of the trust. What do I need to do?


Asked on 8/17/07, 11:04 pm

3 Answers from Attorneys

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: living trust

Contact the drafter. Do you have an executed copy of the original? Would need a lot more information, to give worthwhile feedback.

Phillip Lemmons, Esq.

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Answered on 8/19/07, 1:54 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: living trust

rewrite the trust ageement and state it is an amendment of the former trust. You can read my book, in simple English, that explains all most people need to know. You can find it at www.yourlivinglegacy.info. Or, of course, you can hire a lawyer to take care of this for you. If you want to do it yourself, you can do so with the Living Legacy trust package on my website.

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Answered on 8/18/07, 1:00 am
Donald Field Donald L. Field, Jr., Attorney at Law

Re: living trust

if you have a dated and signed (and in most cases notarized) copy of the original trust, this can be used as the basis for any amendment. if you do not have a copy, attempt to contact the attorney who prepared the trust agreement. you need a copy because it is likely that at your wife's death, an irrevocable trust was created and you need to know the terms of that trust.

you should retain an attorney to assist you with this matter.

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Answered on 8/18/07, 10:00 am


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