Legal Question in Wills and Trusts in California
Unfunded Living Trust not Notarized until after death
My father-in-law had a living trust that was written by one of his children. That child is also the executrix and never bothered to fund the trust (despite legal advice to do so) before the death. The trust was not notarized while my F-I-L was alive. After the death, the executrix had the trust notarized using her POA that expired when my F-I-L died. The executrix is also slated to receive an abnormally large share of the estate. We also have documentation proving my F-I-L was blind and mentally to far gone at the time of the signing of the POA. Is any of that enough to throw out the trust?
3 Answers from Attorneys
Re: Unfunded Living Trust not Notarized until after death
you should retain a qualified attorney to provide advice and represent you if any legal action is needed. it is not clear whether or not a petition for probate has been filed (in the case of a trust this is usually not necessary). if so, then a petition regarding ths issues will need to be filed in that proceeding. if not, then a petition for probate will need to be filed to have another individual appointed as administrator of the estate. whether or not you have sufficient evidence cannot be determined without a review of all of the relevant documents and facts.
Re: Unfunded Living Trust not Notarized until after death
If the trust was never funded, then the issue of whether the trust is valid is moot, meaning irrelevant. So where is the bulk of your FIL's assets? Was it held in his name alone or with other children? Since you mention executrix, I'm assuming there is probate of your FIL's estate.
If you are in Southern California and are seeking legal representation, by all means, contact my office. I believe I can help you.
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Re: Unfunded Living Trust not Notarized until after death
It certainly raises a definate eyebrow of concern for any trier of fact. The facts that you have explained them most definately warrant further investigation.
Our firm would be happy to assist you.
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