Legal Question in Wills and Trusts in California

I am making my own trust by copying another. but who do I have to register it with in california to become legal?


Asked on 6/13/11, 10:19 pm

3 Answers from Attorneys

Eliz. C. A. Johnson Eliz. C. A. Johnson

So this is a dangerous step for you because by copying another you are assuming 1) that the first one is correct and 2) that the same things will work for you. The price of doing it wrong is significant or at least can be. You should have an attorney help you with this critical step. There is no registration requirement to make a Trust "legal". It is a private document and only made public if there is a dispute about the terms or it was done wrong. Then it is usually made public. Hope this helps.

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Answered on 6/14/11, 8:08 am
Michael Weinstein Law Office of Michael R. Weinstein

Ms. Johnson's advice to you is absolutely correct. Trusts are private documents and are not "filed" with anyone or any court unless it becomes the subject of litigation. By copying an existing trust you assume you understand the meaning of the terms stated in the trust and their legal implications. The family situation of the person who created the original trust may be completely different from yours and cause a need for different terms in the trust. They may have more or less assets than you which causes different tax liabilities and, therefore, different treatment in the terms of the trust. You proceed at your own risk by using a copied trust and may wind up paying an attorney far more to litigate your trust than to have it prepared professionally.

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Answered on 6/14/11, 9:16 am
Anthony Roach Law Office of Anthony A. Roach

I agree with Ms. Johnson. Preparing estate planning documents is not really a self help task.

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Answered on 6/14/11, 9:58 am


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