East Saint Louis, IL asked in Estate Planning for Tennessee

Q: My mother was 1 of 3 ladies added to a family trust. How can I be added to the trust? 1 of the ladies died & 2nd is ill.

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1 Lawyer Answer

A: A trust is generally a written document ( although sometimes it is part of or contained in another document, like a will). The author of the trust ( not the lawyer preparing it, but the person creating the trust ) is called the trustor. The person handling the money or assets is called the trustee. The document itself may contain specific wording that limits how the trust may be modified or changed, but certain trusts cannot be changed ( these are called irrevocable trusts). If the trust can be modified, it will be up to the trustor to make the changes, and of course, those changes will have to be in writing. A person can't simply "add" themselves to another's estate plan, the owner/author of the trust assets has to agree and choose to include that person. Hope this helps.

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