Legal Question in Wills and Trusts in Pennsylvania
Challenging a trust amendment
Less than 24 hours before his death, my father had an attorney draft and amendment that significantly changed the terms of the family trust. Does the change become immediately effective? How successful do challenges tend to be? (My father was ill, his oxygen level was low, he did not consult any of his normal confidants, and the change broke a promise that he had made to my mother and was one to which she would not have agreed)
1 Answer from Attorneys
Re: Challenging a trust amendment
I would have to see how the trust and amendment was set up (and if it was done properly), but yes generally they are immediately effective.
With regards to challenging...the legal system does not favor challenges to a trust, so successful ones are not the norm. Most trusts also have a clause penalizing anyone who brings a challenge, and this needs to be taken into account.
On the other hand, deathbed amendments are something I would feel much more comfortable to challenge. It sounds like their might be something to a lack of capacity attack, not to mention issues dealing with community property rights. I would recommend your mother seek out a local attorney, very quickly (most trusts limit the time period you have to file a challenge). It will probably only cost you a consultation fee (if that), and if nothing else give you piece of mind.
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