[CA] How do I amend a trust in California after one of the two trustees died?
We already have a trust mom and dad created in 2023. Then my mom passed. Now dad's going to retire and go back and forth to Mexico, but doesn’t want to have to worry about coming back here required to sign something to do with the property.
13
5
Solved
Amending a trust in California depends on whether it is revocable or irrevocable. For a revocable trust, the process is typically straightforward. The trust’s creator (grantor) can make changes at any time, provided they follow any specific procedures outlined in the original trust document.
A trust in California may be modified in one of two ways (CA Prob Code § 15401(a)):
- By compliance with any method provided in the trust instrument; or
- By a writing signed by the trustor and delivered to the trustee — unless the trust expressly provides a specific method of modification and clearly makes that method exclusive.
A local trust lawyer can review the terms of your trust to see if it can still be amended following the death of one of the trustees.
0
California Living Trust Form (Revocable)
Create Document
Full Conversation
Yes what needs to be done in order to void a trust in order to restart?
Lexi, Chatbot
I understand you're looking to void a trust. Can you tell me what state the trust is located in?
We would like to restart things in a trust — California.
Lexi, Chatbot
Have there been any recent changes in circumstances that have led to the decision to restart the trust?
Yes, my mother has passed away and she was one of two grantors/trustees.
Lexi, Chatbot
Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with modifying the trust.
Yes, my father wanted to either remove himself from the trust because he’s retiring this June and would like to go back and forth to other countries, so he doesn’t have to worry about needing to sign anything that would require his signature.
Ray
Hi and welcome to AskaLawyer. Ray here to help you today with your trust concerns in California. Together, we'll find a solution to restart the trust after your mother's passing.
Ray
So here you will need a trust lawyer to review the trust and see if it can be amended since one party has deceased. If a new trustee is needed and the trust can be amended, the trust lawyer can prepare the amendment for signature by your dad. You really need to spend the time with a local trust lawyer so that the proper changes are made.
Hi, we already have a trust mom and dad created in 2023. Then my mom passed. Now dad's going to retire and go back and forth to Mexico, but doesn’t want to have to worry about coming back here required to sign something to do with the property.
Ray
He can resign as trustee if you are named as successor. Otherwise, you need a trustee to amend the trust properly. That is your next step.
Ray
Amending a trust in California depends on whether it is revocable or irrevocable. For a revocable trust, the process is typically straightforward. The trust’s creator (grantor) can make changes at any time, provided they follow any specific procedures outlined in the original trust document.
A trust in California may be modified in one of two ways (CA Prob Code § 15401(a)):
- By compliance with any method provided in the trust instrument; or
- By a writing signed by the trustor and delivered to the trustee — unless the trust expressly provides a specific method of modification and clearly makes that method exclusive.
A local trust lawyer can review the terms of your trust to see if it can still be amended following the death of one of the trustees.
Ray
Thank you for choosing AskaLawyer as your trusted source for assistance. I truly appreciate the trust you've placed in me. If there's anything else you need help with or if you need further clarification, please don't hesitate to reach out. I'm here to offer my support.
Ray
65,512 satisfied customers
5 lawyers online now
15
6
Answered 4 days ago
Disclaimer
By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.
The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.
Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.
AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.
