Legal Question in Wills and Trusts in New York

Changes to Revocable Living Trust

After 5 years of 5 siblings being the beneficeries of their fathers Trust the 1 sibling who was not only the trustee but also had power of attorney took the father to the lawyer 5 months before his death knowing he was terminally ill and legally blind had him sign a 1 page amendment stating she was to be the sole beneficery and dropping the other 4 siblings.. The lawyer just simply notorized the father's signature. Should there have been other witnesses to this and also should the other beneficeries have been notified of these drastic changes?


Asked on 11/26/06, 9:40 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Changes to Revocable Living Trust

SOUNDS LIKE LITIGATION IS NECESSARY, TO FREEZE EVERYTHING BEFORE THE TRUST IS CLOSED AND ASSETS DITRIBUTED. THERE MAY ALSO BE A CLAIM AGAINST THE ATTORNEY WHO NOTARIZED THE DOCUMENT. BE AWARE THIS COULD GET NASTY AND COSTLY. THIS IS A REPLY TO AN INTERNET QUESTION AND THE RESPONSE IS NOT INTENDED TO BE LEGAL ADVICE OR AS CREATING AN ATTORNEY-CLIENT RELATIONSHIP.

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Answered on 11/27/06, 12:18 pm


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