Q: Can I rewrite the Schedule A trust assets page of my living trust?

A: Under California law, you can update the Schedule A of your living trust to reflect changes in your assets. This includes removing assets you no longer own and adding new assets that you have acquired since the trust was established. It is important to keep this schedule current to ensure that the trust accurately reflects your holdings and intentions.

When adding assets to the trust, they should be titled in the name of the trust or the trustee, acting on behalf of the trust. This applies to assets that have changed in nature, such as an account transferred to a different brokerage firm. These updates help maintain the clarity and effectiveness of the trust in managing your estate.

Regularly reviewing and updating your trust, including Schedule A, is a good practice to ensure it aligns with your current circumstances and estate planning goals. Consider consulting with an estate planning attorney to assist with these updates and ensure they are done correctly and in compliance with California law.

A: It's possible a judge could recognize handwritten changes as a valid amendment to the trust, but there is no guarantee of that because the changes would not be signed, notarized, and fulfill all the legal requirements of trust amendments. You can certainly update Schedule A but, if you want to be absolutely certain the new document is considered part of your trust, it should be included as part of a formal amendment to the trust. Otherwise, a judge could say it's merely a draft or something you were thinking of adding, but didn't formally add it.