Legal Question in Wills and Trusts in New Jersey
my husband signed a trust in blank. We then needed to change the dates to when the children inherited money. They attorney changed the trust when my husband was dying and had objective faculties left... is it a valid trust?
2 Answers from Attorneys
signed a trust IN BLANK...? I do not know what this could mean. Unless you mean he signed a trust document, creating a trust, and left important parts of the trust document blank. why would he do that?
You say the attorney changed the trust when your husband was dying... I assume that he has died, sorry to hear that. is the trust valid? I do not know, I would need more information. But there are some things really wrong here, you do NOT want a person to sign a trust document leaving important parts blank. And a lawyer has no business changing important parts of that trust, the changes have to come from the person who created the trust by that person signing off on the changes.
Give me a call, make an appointment to come see me, and I will go over this with you, and give you some advice.
Robert Davies, Esq. 201-820-3460
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: This answer is based only on the statements you have made. Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
I have read Bob's reply and I am equally confused. By using the term "in blank" do you mean no operative provisions were included, some provisions were left to be completed at a future date, or merely that the trust was "unfunded" (No assets were registered in the name of the trust)? I am likewise not sure what you mean when you said the attorney changed it when your husband was dying? With all of these questions, the trust might not be valid. However, if your husband was competent and the trust was amended (what you call "changed"), this might have validated it. The real current questions are what does the trust now say, has it been funded and if your husband is now deceased, what, if anything, has been done with the trust. Much more information is needed to provide you a proper answer. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.