Legal Question in Wills and Trusts in Arizona
Amendment to trust
My friend who recently passed had a trust and advised me that he was leaving me 20,000. the lawyer who was amending the trust spoke with him twice about this and once while I was present along with the now Exector of his estate. The lawyer never came to the hosp. to get his signature and there fore my friend did not sign it nor the Atty sign it. The Executor advised me the Atty ask if she is going to honor it and she said she was. Yet she does not have the amended document. Since the phone conversation was witnessed by myself and the now Executor that my friend had the conversation with the Lawyer iw it legal meaning does or can the lawyer still honor my friend's wishes? Since he was negligent in not going to the hosp and having the document signed. This is in the State of AZ.
1 Answer from Attorneys
Re: Amendment to trust
There are many cases like the one you describe, and just because the deceased indicated that he wanted to make a gift to you, does not raise any legal right for you to now pursue. Most Courts will find that it is speculative that the deceased would have actually made the gift, that is to say, the person could have just said that to make you happy at the moment and had no real intention to make a gift. Further, it is not negligence on the part of the lawyer because he did not come to the hospital, gifts made under those circumstances are suspect (that the deceased knew what he was doing, or that the gift was made under duress) or perhaps, the deceased told the lawyer he did not want to make the gift. Promises to make a gift are not enforceable.
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