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I just sold my house which was in my trust B. Do I need an attorney to update my trust or can I just mark Trust B house sold .

Belmont, CA |

Should I mark date and any details?

Attorney Answers 4

Posted

DO NOT MAKE HANDWRITTEN CHANGES TO YOUR TRUST. Handwritten changes may make the trust invalid. Just attach a copy of the deed you signed to the trust and the successor trustee will understand that the house no longer exists as a trust asset.

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Posted

If you specifically left the house to someone in your original trust, you may want to amend the document. If you did not do so, and the house was just an asset owned by the trust, you should not have to amend the document since trust assets frequently change. Either way, DO NOT write on the document. Speak to your attorney.

The above answer is not to be considered legal advice and should not be relied upon as such. You should consult your attorney for specific legal advice as to your individual situation.

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Posted

I agree with Attorney McMahon, it is not a good idea to just mark the trust documents. If your trust includes a Schedule A , then you may just need to amend or revise that schedule , leaving off the sold property. This schedule is sometimes called something else, such as "Separate Property", "Community Property", etc. but is generally a list of your trust assets. If there is such a schedule, and the specific property is not mentioned elsewhere in your trust, then you may be able to prepare a new schedule yourself.

Disclaimer: The above answer does not create an attorney/client relationship. My responses are intended to provide general information about the question posted. I am licensed to practice in the state of California. The information provided on this site should not be used as a substitute for conferring with or hiring a competent legal advice from a licensed attorney that practices in the subject area in your state.

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Posted

Sale of an asset would not require a change in the trust document. You should in fact assure that your trust asset record indicates the date of sale, the amount, where the funds were deposited (presumably in an account within Trust B), and who purchased the property.

You should discuss with your accountant whether you or the trust will have realized capital gain and whether you or the trust should make an estimated tax payment.

In that "Trust B" could refer to a a revocable or irrevocable trust and you have not disclosed the beneficiary of this trust, I cannot comment further on the disposition of the funds.

While you may not need the services of an attorney, you should seek advice from an accountant regarding the funds.

Legal Disclaimer: The comment provided above is intended as general information and is NOT legal advice. You should consult an attorney for advice regarding your individual situation. If your question concerns Estate Planning, Business Planning, Asset Protection, Elder Law, Long Term Care Planning, or matters governed by the laws of Massachusetts or Connecticut, you may contact me for a consultation at kquinn@legacycounsellors.com or 413-527-0517.

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