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

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

the legal description isnt on the living trust either

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Attorney answers 5

Best Answer
Posted

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!

Posted

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.

Posted

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 action is to have legal representation in this matter.

Posted

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.

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Michael Raymond Daymude

Michael Raymond Daymude

Posted

BTW, an "executor" is the person who administers a Will. A trustee is the person who administers a trust. It is possible you are both, or one but not the other. You need an attorney's guidance.

Posted

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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