In california i am the executive of my mothers livings trust. the property address is not in the living trust

Asked over 1 year ago - Panorama City, CA

the city is named but the physical address is not in the living trust. can i amend the trust to include the address

Additional information

the legal description isnt on the living trust either

Attorney answers (5)

  1. Steven Matlin Greenwood

    Contributor Level 12

    6

    Lawyers agree

    Answered . The answer to your question depends substantially upon whether your mother is still alive or not. Once that is discerned, then a series of additional questions come into play. Your power to act also depends upon the language of the trust agreement. By "executive" I am making the assumption you mean "trustee". I'd also be concerned about whether the title had actually be changed in relation to the public record. These are questions only a competent estate planning attorney can help you with. I strongly urge you to seek legal counsel to sort this matter out. Hope that helped.

  2. Sarah Faith White

    Contributor Level 11

    4

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . I agree with attorney Greenwood. Are you concerned about the property not being titled in the name of the living trust? Or are you concerned because the address is just not listed in the trust? If the address isn't listed but the property is titled in the trust (i.e., deeded to the trust), it doesn't really matter if the address isn't listed. If your mother has passed away and the property is not deeded to the living trust, it is too late to change that and the estate will most likely have to go through probate in order to get that piece of property into the living trust. I also recommend you consult a probate attorney in your area. Good luck!

  3. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . I would assume that your mother has passed and the property is not properly titled in the trust.
    If so-you cannot amend the trust or make a new deed-the property would go through probate.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  4. Michael Raymond Daymude

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . As executor you have no right to amend the trust, change it, or do anything but administer it. If the property is titled in your mother's name as trustee of the trust, it's in the trust. If it is not you have problems. You need to consult a trust and estate attorney for guidance. If you fail in your obligation as trustee, as you surely will without counsel, you expose yourself to great personal liability. For the right answer to your question and others that you will surely have you need trust counsel. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  5. Samuel R Walker

    Pro

    Contributor Level 10

    2

    Lawyers agree

    Answered . Whether you can amend depends upon the trust document and if the trustor is living as stated by the other attorneys above. You should have an estate planning attorney assist you if you plan on amending the trust.

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