Legal Question in Wills and Trusts in Colorado

Amending a Revocable Trust after Death of First Spouse
In-Laws had a joint Revocable Living Trust in California. The first spouse is deceased. Surviving spouse hires new attorney to write the first ever amendment to the trust which may or may not have been irrevocable in whole or in part due to death of one of the settlors. The new attorney amends the trust changing the successor trustee and heir of the orginal trust.

Son requests a copy of the trust at death of second spouse and the attorney tells him that he doesn't have one because he had nothing to do with the orginal.

Why would any attorney amend a document he had not seen and did not have a copy of. If he did have a copy isn't he required by California law to provide one on request to the son?

Also, if property is held within the trust in California would a copy of the trust be on file at the county recorder?

Thank You

Asked on 3/17/06, 10:52 am

Elizabeth Powell ELizabeth Powell PS Inc

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Re: Amending a Revocable Trust after Death of First Spouse

You need california counsel - NOW. Please don't waste time looking for free advice on the internet.

Answered on 3/17/06, 11:14 am

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