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Asker
Posted over 2 years ago.

Thanks much for your reply. For sure it's hassle for me to send amended copies to my successors, and even more of pain for them to update their files. I am doing it because in case of sudden death and they won't be able to access the original copy.
But thinking back, I am now wondering if a copy if legal enforceable to make this process worthwhile.

James P. Frederick
James P. Frederick, Trusts Attorney - Livonia, MI
Posted over 2 years ago.

It SOUNDS like this information...these "amendments" is stuff the trustees really should be aware of. Otherwise, some of your assets might fall through the cracks. That is another reason why successors either should HAVE copies of the latest information, or at least know where it is at and how to get access to it.

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Asker
Posted over 2 years ago.

That is what we do, we give copies of the amendments. My question is not how updated the info they are given but whether the copy they have is legally usable if they cant retrieve the original notarized copy.

Rosemary Jane Meagher-Leonard
Rosemary Jane Meagher-Leonard, Estate Planning Attorney - San Diego, CA
Posted over 2 years ago.

Copies of the trust do not have the same legal effect as the original. In order for an original. In order for a copy to be used in place of the original, such as when an original is lost, a court order would be required.

James P. Frederick
James P. Frederick, Trusts Attorney - Livonia, MI
Posted over 2 years ago.

This is not necessarily the case in Michigan. What it *SOUNDS* like to me, is that these "amendments" are not actually amendments at all. You are merely updating the asset list for the trust. It is hard to tell, based on the summary, though.

Rosemary Jane Meagher-Leonard
Rosemary Jane Meagher-Leonard, Estate Planning Attorney - San Diego, CA
Posted over 2 years ago.

It does sound as though it's the updated asset list (which I usually call "Schedule A".

James P. Frederick
James P. Frederick, Trusts Attorney - Livonia, MI
Posted over 2 years ago.

We call it the same thing, here! ;-)