Real Estate Law | A note or email will not supersede a living trust
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Dear Mr. Feichthaler:
I own my home in a living trust. I am a single man in a serious relationship for some time. The trust says my two kids will receive the property in equal shares, but I want my girlfriend to have it if I die. I was planning on writing an email to her saying my intentions, that she will get the house if I die. Is this sufficient?
James L.
Dear James:
I have many clients that want to provide for a significant other. Owning your home in a trust provides you the opportunity to dictate exactly what you want to occur. For instance, many of my clients provide for a life estate to their partner, while providing for the property to pass to children when the partner dies. This way, both the partner and the kids benefit.
You note your trust provides that your children will receive the property. A properly signed and witnessed amendment to the trust is required to change this. So, if your wishes are for the property to pass to your partner outright, an amendment is required. A note or email to her will not be sufficient to undo or supersede the trust.
You will want to consider the home as well as other assets before seeking to amend the trust. That way, just one amendment will be needed to satisfy all of your goals.
Eric P. Feichthaler has lived in Cape Coral for over 35 years and graduated from Mariner High School in Cape Coral. After completing law school at Georgetown University in Washington, D.C., he returned to Cape Coral to practice law and raise a family. He served as mayor of Cape Coral from 2005-2008, and continues his service to the community through the Cape Coral Caring Center, and Cape Coral Kiwanis. He has been married to his wife, Mary, for 22 years, and they have four children. He earned his board certification in Real Estate Law from the Florida Bar, and primarily practices in real estate law and wills and trusts. He is AV Preeminent rated by Martindale-Hubbell for professional ethics and legal ability, and is a Supreme Court Certified Circuit Civil Mediator. He can be reached at eric@capecoralattorney.com, or 239-542-4733.
This article is general in nature and not intended as legal advice to anyone. Individuals should seek legal counsel before acting on any matter of legal rights and obligations.