Legal Question in Wills and Trusts in California

Re: legality of amendments to a trust

There is a specific code section against this. I am very interested in this type of case. Please call my secretary, Karen Reyes, at 818-340-4479 and she will setup a telephone conference appointment for you so we can talk about it.

Re: legality of amendments to a trust

Scott Schomer, Esq. stated it the best when he emailed you stating:

"From the facts you described, it appears that the amendment may violate Probate Code section 21350. If you can trigger this section, the court would assume the amendment is void and shift the burden to your cousin to prove it was valid. In addition, you could also make other challenges based on undue influence and lack of capacity."

I suggest that you contact a knowledgeable attorney close to where you live. If I am located sufficiently close to your area, please do not hesitate to contact me. I just finished a trial concerning very similar issues and thus should be able to provide valuable assistance.

Sincerely,

Kai H. Wessels. (408) 268-2580

Re: legality of amendments to a trust

I doubt it. It sounds like your grandfather at that time lacked mental capacity to make an amendment to a trust. The lawyer's conduct sounds so fishy that you probably could threaten with complaining to the bar about him if he doesn't void the amendment. Let me know if you need more help at [email protected].

Although I practice in Georgia, I have been a member of the California Bar since 1979, so your question was referred to me.

Re: legality of amendments to a trust

This sounds a lot like self-dealing and signatures under duress or incompetence. You may need some help, especially if there is a sizable estate.

You can probably get the amendment nullified.

Re: legality of amendments to a trust

It doesn't sound like it is legal. You should consult with an attorney in your area.

Re: legality of amendments to a trust

There are several potential issues that are raised by your question. Among those are whether your grandfather had what is called "testamentary capacity" to execute the amendment since he was on morphine at the time.

However, the issues involving the self-dealing/conflict of interest in the amendment which the attorney self-notarized and is a beneficiary is of prime importance. However, there are many questions that need to be asked. For example: was the attorney already a beneficiary and whether the amendment added to his portion, what are the provisions of the trust and what was the amendment.

You really need to sit down with an attorney and give information and review the documentation with him/her.

I would be happy to speak with you about this if you like.

J. Caleb Donner

DONNER & DONNER

LEGAL WARRIORS (R)

325 E. Hillcrest Drive, Suite 242

Thousand Oaks, CA 91360

Tel: 805-494-6557

Fax: 805-494-0990

email: [email protected]

website: www.legalwarriors.com

Re: legality of amendments to a trust

From the facts you described, it appears that the amendment may violate probate code section 21350. If you can trigger this section, the court would assume the amendment is void and shift the burden to your cousin to prove it was vaild. In addition, you could also make other challenges based on undue influence and lack of capacity. I have handled a number of these disputes and would be happy to discuss the matter with you further.