Q: Can an addendum be added to a Living Trust allowing someone to remain in the residence after their death?
We were going to live together and share expenses. He is 91 and I am 83. If he passed away before me I would pay taxes, HOA fees, outside maintenance of grounds and utilities I incurred. He was told that if he passed I had 2 years to remain because of probate conditions.
A:
Dear Modesto CA:
Yes, and it it not uncommon for older couples to provide for this type of arrangement. It is a form of life-estate, where the surviving partner has the right to use and occupy the residence.
Depending on the relationship and its duration, and family dynamics, these arrangements, while completely logical, can raise the ire of other heirs and beneficiaries, who expect a payout upon the Trustor's death.
For these reason, I highly recommend that you work with an attorney to create the amendment. An attorney can help you work though the process, and knows the correct language to include so that there are no, or only very small problems, later.
If you do not know where to find an attorney, try your local county bar association. Most run a lawyer referral program that, for a small or no fee, matches you with a lawyer who provides a consultation.
Gerald Barry Dorfman and Bill Sweeney agree with this answer
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