Can an amendment be added to existing trust that I can stay in the home in the event I outlive my partner who owns the house?

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Can an amendment be added to existing trust that I can stay in the home in the event I outlive my partner who owns the house?

He has a trust giving all to his children, just fine with me except I would want the option to stay in the event he passes away first before me.Can he write a page stating that, have it notarized and staple to the existing trust?

Asked on May 15, 2012 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am assuming that this is a living trust.  You can indeed amend a living trust but I would have an attorney do that for him.  It is a formal document and it is called an Amendment to the Trust and attached to the original trust.  You should ask about a life estate in the house, which is what I think you want.  Good luck.


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