Legal Question in Wills and Trusts in California

moved since doing a trust

Four years ago my husband and myself had a living trust written up. My husband has since passed away and I have moved from the house we owned. Do I have to make up a new trust or can I make an amendment?

Asked on 1/31/06, 1:55 pm

4 Answers from Attorneys

Sandeep Shah Shah Sheth, LLP

Re: moved since doing a trust

It is generally best to revisit your estate plan every 3-5 years. Since you have moved, you may want to amend your trust to remove the sold home from it (although, by virtue of the sale, it is no longer "in the trust" any way).

Depending on the nature of the original estate plan, you may or may not be able to amend the trust (or at least a portion of it).

I would suggest consulting an estate planner to review your estate plan/trust to determine what would be the best options for you.

If you would like some assistance with this matter, you may contact me, as my firm practices estate planning.

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Answered on 1/31/06, 2:05 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: moved since doing a trust

Depending on how your trust was set up, there are some things that you might be required to do, but have not done. For example, when one party to a 2 party trust passes away, certain terms of the trust become irrevocable, and you are required to allocate asets to the trusts that are formed by the original trust.

You should definitely have the original trust reviewed, and begin correct trust administration.

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Answered on 1/31/06, 2:49 pm
Scott Linden Scott H. Linden, Esq.

Re: moved since doing a trust

I concur with co-counsel. The trusts we devise split into a decedent's trust and a survivor's trust at the passing of the first spouse. An amendment to the survivor's trust is allowable until that spouse passes away. The decedent's trust, however, becomes irrevocable immediately. The issue may still be the funding of the decedent's trust, but that is another issue.

Without reading your trust, it is difficult, save impossible to give you an answer with 100% certainty. Our office would be happy to review the terms of your original trust (free of charge, of course) and advise you better as to your question of amendment.

Please feel free to contact me directly at the address/email provided by lawguru. I can also be reached (and you can learn a little more about trust law) on our firm's website located at

Scott Linden

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Answered on 1/31/06, 5:32 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: moved since doing a trust

I can't be sure without seeing the operative documents. I invite you to contact me, I would be pleased to assist.

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Answered on 1/31/06, 10:22 pm

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