Legal Question in Wills and Trusts in California
Time-line parameters
If a licensed physician gives a prognosis to an individual that that individual has a terminal cancer, and their estimated life expectancy is approximately three months, can the following take place after the date of the prognosis:
A) Can a Trust in that invidual's name be amended
if they are a co-Trustor of that same trust?
B) If A is possible, and the person dies of
cancer in less than 90 days from
the date of that Amendment, is said Trust
valid under California law?
1 Answer from Attorneys
Re: Time-line parameters
I practice in Arkansas so must answer only from that perspective. As a co-trustor/co-grantor, the trust would be not only in that person's name but in other name(s) as well. Any amendment normally would require the agreement of all co-trustors unless the trust itself directs otherwise. I offer no opinion as to legality in California.
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