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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33769
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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Barrister, I wrote to you on October 4 regarding my

Customer Question

Hello Barrister, I wrote to you on October 4 regarding my Mother's Trust that she set up in California. She is living in Colorado now with my sister and wants to amend it. You told me that all it needed was an amendment page stating her new wishes and
to have it signed and notarized. I told you it was a living trust. It actually just says it is a Revocable Trust. The word Living is not shown. Is there a difference? Also she is the Trustor and Trustee. She wants my sister and I to also be trustees while
she is living and after her death. Is this possible and do we just need to state this on the amendment? My sister is listed as a trustee at my Mothers death and has had problems with her bank because she is not listed as a trustee while my Mother is alive.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello again,

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The word Living is not shown. Is there a difference?

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No, they are just different terms for the same thing. Sometimes they are even called revocable living trusts.. As long as it can be amended, it is "living".

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She wants my sister and I to also be trustees while she is living and after her death. Is this possible and do we just need to state this on the amendment?

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Yes, that is exactly how it would be done. Mother would just execute an Amendment stating that you and sister are appointed as co-trustees along with her. The appointment would automatically continue after mother passes so it doesn't need to state it continues after her death..

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thanks

Barrister

Customer: replied 1 year ago.
Thank you. Is a Settlor and a Trustee the same thing?
Expert:  Barrister replied 1 year ago.

Yes, again, just different terms for the same thing.. Some trusts use Settlor, some Grantor, some Trustor..

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thanks

Barrister

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