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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 35377
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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If a person has a will and also establishes a trust. A year

Customer Question

If a person has a will and also establishes a trust. A year after establishing the trust, they add to the trust, an apartment that was in the will. Does this addition require two witnesses similar to a codicil, since it was in the will and not the trust.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Does this addition require two witnesses similar to a codicil, since it was in the will and not the trust

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No, when assets like real estate are added to a trust, they are just transferred into the trust with a deed from the owner of the property as Grantor over to the trust in care of the trustee as the Grantee. There is nothing that needs to be done with regard to the will or the trust itself to amend or modify them. Assets aren't "in" a will, they are in a person's estate when they pass and are distributed according to their will.

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But when an asset is no longer in a person's estate, the will just doesn't apply to it, but the will doesn't have to be amended.

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thanks

Barrister