Legal Question in Wills and Trusts in California
Wills and trust amendments
If a trust has an attached
amendment which excludes one
daughter from equal shares but has
it held in trust, from which annual
distribution is in place but the original
will does not. The original will clearly
states that all assets be divided
equally among the children. When
my mother passed away they could
not find the amendment to her trust
so let it be revoked. On my fathers
trust they believed it to be valid.
Can I have the amendment revoked
on that trust if the original will says
equal shares. There is no original
amendment either on my fathers
estate.
2 Answers from Attorneys
Re: Wills and trust amendments
It would take a review from an attorney to see how all the documents fit together. They can then give an opinion on the correct interpretation of the distribution, and whether the potentially excluded daughter will have to take steps to ensure that distribution.
Re: Wills and trust amendments
I am confused, is there a will, a trust, or both? If both, then the will should only be pouring over assets into the trust, not distributing them.
Perhaps there is a will that creates a trust for the benefit of the daughter?
The trust and the will are two separate items, they generally comliment each other, so your question kind of leads to a big circle without getting a few more details.
Our firm specializes in Wills, Trusts, Estates and Probate, so I believe we are well situated to assist you.
If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com
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