Legal Question in Wills and Trusts in California

How does a surviving trustee eliminate an amendment (relating to asset distribution) that was mistakenly added by the deceased trustee spouse? This relates to using the word "Heir" instead of the word "Benificiary".


Asked on 4/23/11, 12:51 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

The spouse can not legally add an amendment to the Trust document unless she also was the person (s) creating the Trust or the Trust directly states she can amend it. If either of those conditions apply, then you are bound to follow the amendment unless a reasonable person could conclude it was ambiguous and there is sufficient evidence of her true intention was clear or you can get a court order as to the amendment.

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Answered on 4/23/11, 5:48 pm


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