Legal Question in Wills and Trusts in California

Re: updating an exhibit in my trust

You can update it yourself; however, you should consider consulting with an attorney to review your estate planning documents at least every three years.

Any new assets you acquire should be titled into the trust. Also, the cars you mentioned should be title into the trust as well. Just creating the trust documents is not enough - you need to make sure that all of your assets are placed into the trust.

Please give my office a call if you would like to discuss further.

Re: updating an exhibit in my trust

So long as they are included on the Schedule A, the trustee shouldn't have a problem. Sometimes they do, however. When that happens they have to get a court order showing the assets belong to the trust. Having the assets placed in trust through title is a better, but not the only, way to go.

Re: updating an exhibit in my trust

what is important is that your assets which would be subject to probate are held in the name of the trustee of your trust. otherwise, your estate will not avoid probate at your death. to ensure your trust will avoid probate of your estate, consult with a qualified attorney to review your asset holdings.

it is not necessary to hold automobiles in the name of the trustee, unless the value exceeds $100,000. the dmv has a procedure for transfer of vehicles at death that avoids probate. see:

http://www.dmv.ca.gov/pubs/brochures/howto/htvr2.htm