Legal Question in Wills and Trusts in California

Re: Revising a trust

The trust amendment requires the same formalities as the trust (signature and notarization) to be valid, so it should be done by an attorney. It can be reviewed at the same time to make sure the trust is appropriate for his daughter--if she's receiving government assistance, he may want to create a special needs trust for her if it hasn't been done already.

Re: Revising a trust

The cost of making such an amendment would be minimal. Furthermore, laws have changed over the years, and there may be some other changes needed. If he cares about his disabled daughter, he should pay the money to make certain she is taken care of.

Re: Revising a trust

Ask him how he would feel if that person he crossed off got the assets anyway. Or how would he feel if entire document was thrown out.

JOEL SELIK

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Re: Revising a trust

I've read through what co-counsel have said to you and though I agree with them, I do not see it as touching what you need for it to touch.

Try this...

He obviously cares a lot for his daughter as he spent the time, money and effort in creating the trust in the first place. His changes may have, in fact, voided all of his prior work effort and if he spent that much time before, you can be certain that a complete void does not comport with his wishes. (Odds are the trust is still valid, but it may cause undue confusion and delay)

Also, the changes in the law may have made his terms and the actual form of his trust now incorrect or no longer under the benefits and protections that it once was. (This can mean humongous savings, or costs, in taxes and fees)

Our firm would be happy to review his current trust for him, free of charge. We can let him know what will need to be updated and the cost before ever doing anything other than the review.

You can, or he can, feel free to contact me at my office at any time at 626-578-0708 extension 4, or through our firm's site at www.No-Probate.com.

Thank you for your submission,

Scott Linden