Legal Question in Wills and Trusts in Arizona

my mother is in assisted living with advanced dementia. I have been power of attorney and trustee of her living will for about 8 years. The document states that when she dies what ever money is left after funeral expenses is to be divided amoung myself and my two brothers. Unfortunately my brother next in age died suddenly in Sept of 2010. Do I need to have his name removed from the document or is it okay to just leave the will the way it is??? We did not tell mom that he has passed away as the assisted living administrator said it would probably send her in another downward spiral as she had then be diagnosted at the time with the "sundowners" - another part of dementia.


Asked on 7/08/11, 9:56 am

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

No, you don't have to change the document and in fact, you cannot change the document. The trust determines what happens when she dies by its terms and provisions. Leave the document as is.

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Answered on 7/08/11, 2:11 pm


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