Can a will make a change or add to a trust?

1 answer | Last updated: Sep 15, 2016
A fellow caregiver asked...

I have a trust, but I would like to make a change where some of my property goes directlt to my 2 grandaughters in joint tenacy. Can I do this by a halographic will my signature and 2 witnesses?


Expert Answers

You have a trust, but you want to make a change where some of your (trust) property goes directly to your two grand daughters. You want to know if you can make this change by a handwritten ("holographic" in legalese) will. [Handwritten wills are not legal in all states. They are legal in roughly half the states.]

I think that making the change solely by a handwritten will would not work. A will has no control over property in and left by a living trust. You would have to legally remove the property you want to leave to your two grand daughters from your living trust. Once that property is no longer in/owned by your living trust, you could then leave it to your grand daughters by a handwritten will, assuming such a will is legal in your state.