Legal Question in Wills and Trusts in Florida
Trust with written changes
My father died one year ago from cancer. My estranged half-sister and my father's fiance were named co-trustees of my father's trust. I was told through their lawyer that I would receive $50,000 as my inheritance. After requesting and receiving a copy of the trust I discovered that the amount I was to receive ($200,000) was crossed through with a pen, and $50,000 was written in. The cross-out was initialled by my father, but no date or witness. The trust was created 4 days before he died. Any thoughts??
3 Answers from Attorneys
Re: Trust with written changes
I think the first question that must be asked is did you father make the change? Are the handwrittgen changes in his handwriting? If not, who's?
Daniel Clement
Re: Trust with written changes
It is hard for me to give a definitive answer because the laws are different for New York and Florida. Furthermore, the information given does not indicate the location of the Trust. However, I am able to give some general advice.
A trust in essence is a gift, with conditions. The conditions are set forth in the body of the trust. The trustee is the individual that makes sure that the terms of the trust are followed as to the intent of its maker (donor).
To make a valid gift, the donor must have donative intent. In other words, if the donor has no cognitive abilities (does not know what he is doing), there is no donative intent and the gift fails.
I do not have enough information to know how your father died. There would be a large difference if his death was by a sudden heart attack (4 days before making the changes) than if his death was by an advanced brain tumor.
If you want to discuss this matter further, feel free to contact this office at 516-295-9061.
Re: Trust with written changes
This sounds like the trust was signed in Florida. If it was amendable or revocable, you father could have changed it anytime. The only issue then is whether he knowingly made the change.
His mental capacity and freedom from undue influence is critical to the disposition of that issue.
If the trust was created by a Will then no change may be made in the document after it has been signed. Any change would have to be in form of a Will and executed with the ceremonies associated with a Will.
You have a valid claim provided you can establish that the change did not reflect you father's act and wishes.
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