Vallejo, CA asked in Estate Planning for California

Q: Elderly parents have 6 year old will and trust. Will a holographic codicil be o.k. in California to make changes?

The lawyer put himself as executor before heirs. Now they want to make an heir their executor. Also in their trust the lawyer is listed as a trustee. Do they need 3 separate codicils? One each for their wills and another for the trust? They don't want to spend money to do it all again.

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2 Lawyer Answers
Jeffrey Louis Gaffney
Jeffrey Louis Gaffney
PREMIUM
Answered
  • Estate Planning Lawyer
  • Carlsbad, CA
  • Licensed in California

A: Yes, the need to make formal changes to these documents, except to change a Trust you make an Amendment. So, they want two Codicils and a Trust Amendment.

If you are doing it yourself, be VERY careful to make sure you write exactly what you want with no ambiguity.

James Edward Berge agrees with this answer

Jonathan Purcell
Jonathan Purcell
Answered
  • Estate Planning Lawyer
  • PETALUMA, CA
  • Licensed in California

A: If parents intend to replace the executor and trustee, it is a good idea to review all documents beforehand. A change in the trustee will minimally require an amendment to the trust.

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