Legal Question in Wills and Trusts in California

A Living Trust created by the Settlor during his lifetime, died in 2008, but shortly before his death he amended his trust, leaving his estate to his daughter who he had discovered he had in 2007. This Settlor was unmarried at the time of his death and had no other children or relatives. His trust (before amended) left his entire estate to a charitable organization. The trust, dated 1975 contained a "no-contest clause". The amendment contained no such clause. Can this trust be revocable?


Asked on 11/15/09, 4:32 pm

2 Answers from Attorneys

I am not sure that I completely understand your question about whether the trust can be revocable. Typically a trust will be revocable until the Settlor dies, at which point it becomes irrevocable upon the Settlor's death. However, the terms of the Trust and any amendments are critical.

My guess would be that the charitable organization has knowledge of the initial trust and wants the property but either doesn't know about the amendment or wants to try to void the amendment. (Unfortunately, many "charitabe organizations" are not very charitable in such circumstances).

If the charity is "written out" in the amendment, what harm is there for them to contest the amended/amendment to the trust?

Sounds like you really need an attorney to review the Trust, the amendment and any other trust-related documents.

Let me know if you would like me to do so.

Caleb

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Answered on 11/20/09, 5:01 pm
Scott Linden Scott H. Linden, Esq.

Going to have to agree with Caleb here. Once the Settlor passed away, the trust became irrevocable, no matter what type it was during the life of the Settlor.

The only cost to the Charity is the cost of hiring legal counsel to determine the validity of the Amendment; no contest clause or not.

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Answered on 11/20/09, 6:50 pm


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