Legal Question in Wills and Trusts in Arizona
codicil
Since my parents drew up their trust my father has died and my mother wants to change the executor from a single executor to co-executors. She may want to make some other minor changes too. Do we need a new will/trust drawn up or just a codicil? Can a paralegal do it or does an attorney need to.
2 Answers from Attorneys
Re: codicil
In order to see what entitlement the surviving trustor has to modify the trust I would need to examine the trust document itself. If that can be properly done under the terms of the trust, an amendment to the trust would be possible. Many trusts prepared by "paralegals" are one-size-fits-all forms that provide upon the death of the first trustor the trust becomes irrevocable. You need to consult with an attorney.
We offer free, no obligation initial consultations to review documents or situations, give an opinion on what needs to be done, and state what the cost would be. We are in Mesa and are generally less expensive than Phoenix attorneys in large firms. You can arrange a consultation at 480.835.1500. I have practiced law in Arizona since 1979.
Best regards.
James D. Jenkins
Re: codicil
The proper thing would be an amendment to the trust...maybe. You should consult an attorney to make sure it is done right. I have worked with Tim Thomason at Mariscal, Weeks, his fees are reasonable and he knows what he is doing. In any event, find an attorney who knows real estate and trusts.
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