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Uniform Transfers to Minors Act


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#1 felcrespo

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Posted 14 September 2011 - 02:11 AM

I will try to pose my question as simple as I can.


I created a revocable trust (single person) in California in 1993.  I now live in Washington State.


I wish to make an amendment to the trust, and to a section pertaining to distribution of estate assets (if any) after I die.  At the end of that section, it refers to any distribution if made to a person "under the age of 25 under the California Uniform Transfers to Minors Act."


Since I now live in the State of Washington, should the word "California" be changed to the word "Washington."? 


I used to be a CA estate planning paralegal for 25 years, and to my knowledge, amendments can be done without soliciting the help of an attorney.


In all those years however, I don't think I was ever posed with this particular scenario so I would not know the answer.


Thank you.



#2 Tax_Counsel

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Posted 14 September 2011 - 07:18 AM

felcrespo said...

I used to be a CA estate planning paralegal for 25 years, and to my knowledge, amendments can be done without soliciting the help of an attorney.

You can amend your own legal documents without an attorney if you know what to do. If you don't know what to do, then that's when you need to see a lawyer for help. As you likely know, if you are not a lawyer you cannot amend or draft legal documents for others.

felcrespo said...

Since I now live in the State of Washington, should the word "California" be changed to the word "Washington."? 

It might not be necessary. It may be that a Washington court would take that section to mean that you intended to cover an account created under the UTMA/UGMA laws of any state or at least the state in which you resided at the time. However, if a change is needed, you might consider language that would allow for UTMA/UGMA accounts established in any state to give yourself more flexibility rather than substituting in "Washington" and then potentially limiting yourself to accounts established in that state.

How any changes must be done will depend on how the trust is drafted. It may be that you'd have to revoke the trust and create a new one to do it.

I suggest seeing an estate planning attorney for advice to get his right.





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