It's possible the hand-writing and the typed trust are entirely consistent. An issue is whether the hand-writing is an amendment to the trust or whether it is simply making the intent clear regarding distributions of personal property. It is common for revocable living trusts to refer to a "list" or other document that would distribute personal property according to the way the grantor hand-writes, or signs a list of personal property expressing their intent regarding personal property distribution.

For example, a trust may state that the grantor may write down distributions of personal property. If the grantor does so, then the trust likely indicates whether such personal property items are to be distributed before any other distribution determination is made, or as part of a beneficiary's share. If the grantor hand-writes, "Lawn mower to my neighbor," then the Trustee may be required to give the lawn mower to the neighbor before distributing the balance of the trust. If the estate is large, the trust would likely indicate whether any taxes attributable to the trust are to be paid by the beneficiary receiving the personal property or whether they are to come out of other assets of the trust.

If the hand-written notes are regarding distributions other than personal property, such as cash or accounts, then you would need to determine whether the hand-writing is a proper amendment. There are specific legal requirements for a trust amendment that must be met before a trustee has a duty to follow an amendment.

You likely need representation in your role as trustee. If the trustees and beneficiaries agree on what the hand-writing means, then your risk is lower. If the trustees and beneficiaries cannot agree on what the hand-writing means, then you may desire to go to court to get a judge to interpret what the hand-writing means.

Before doing any of this, it would be prudent to determine exactly how assets are titled. If assets are not in the name of the trust, then it may not matter what the hand-written trust document says.

Remember, if the trustees and beneficiaries make it difficult on you, then thanks to the 13th Amendment to the U.S. Constitution, you can always resign as trustee and transfer the issue to the next successor trustee! :)

This sound questionable. However, no attorney at this forum can give you a conclusive answer since an actual review of the documents would be required. Depending on that review, the trustee may be well served to put this before a judge to get a definitive course of action. Remember that the trustee needs to act correctly here and if not they could be surcharged and subject to personal liability. So you need to get a definitive and binding answer here. So get with an estate litigation attorney to review the documents then have him get to court to get this resolved.

Hope this helps.

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Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is [email protected] , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is

I think that what you are getting at is whether or not a trust grantor can make a handwritten amendment to the trust. (Many states allow grantors to attach a hand-written set of instructions relating to personal items and household effects. But I understand your question to relate to something more substantial). While this is generally permissible, (and I would argue that you WANT it to be permissible), the way that the grantor goes about doing this must be scrutinized more carefully. I say this because it opens up the possibility that the person may be suffering from diminished capacity and or susceptible to undue influence.

If a grantor wanted to make changes and is unable to get to her lawyer to do so, then I think she should be able to write out her wishes. To the extent that they do not conflict with the terms of the earlier agreement, both sets of instructions would be enforceable. (For example, she wants to add a gift for a charity, or to give a certain account to a neighbor.) I would want her to do this in front of disinterested witnesses, so if there is ever a question as to whether or not she signed, or whether or not the signature was done freely, then you have someone who can testify.

If the beneficiaries can identify the grantor's handwriting and if there is no reason to think that it is not her intent, I guess that there are times when an unwitnessed amendment would also be enforced, although this would certainly be subject to challenge, much more easily.

If you are treating the handwritten note as an amendment, (which is what I think it should correctly be seen as), and getting around the issues set forth above, then the note should take precedence over the original agreement, if it is later in date.

As Attorney Fromm suggested, however, it is perfectly appropriate to go to the probate court and seek the approval of the judge. This is the safest course of action when anything is uncertain. You cannot be liable to anyone for carrying out the court's directive. If the questions are more basic, then a trip to a probate attorney may answer most of your questions, at nominal cost.

As for contributing money, that is a very considerate suggestion on your part, and one that I have not seen before. Most of the lawyers who spend time answering questions on this site do so as a way of "giving back" to the legal community. We are called on by the State Bar to donate time and services, and this is one way to do that. If our information is helpful, then that is reward in itself. You can check with the avvo administrators to determine if there is any way to donate, or speaking for myself, any charitable donation made as a result of our efforts would be more than appreciated. Thank you for the consideration and good luck to you with your trust matter!

James Frederick