Handwritten trusts are documents in which the settler or grantor outlines how their assets will be managed or distributed after their death. A trust is distinct from a will because a trust allows for the management of assets over the course of your life as well as after you pass away, at which point they will be handled through probate.
Handwritten trusts are legal in California, but must meet very specific rules in order to be valid. In order to meet the requirements of California probate code, a trust must meet three criteria. The first is to include a clear description of the beneficiaries and assets. The second is to name a trustee who will be the individual responsible for managing the assets inside the trust. Finally, the trust must clearly express the grantor’s intent to create a trust.
Handwritten trusts are created differently than handwritten wills, but these trusts must also comply with all applicable California trust laws, such as being properly dated and signed.Â
It may be better to work directly with a Pasadena estate planning lawyer to create your trust and properly fund it. For more information about how to use trusts and which type of trust may be most appropriate based on your estate planning goals, set up a time to have a consultation with our Pasadena estate planning lawyer.
