Legal Question in Wills and Trusts in Arizona

My mother passed away in april 2010. She left a last will and last testament,a revocable living trust,and an second amendment to the revocabnle trust.There is a second amendment shouldnt there be a first amendment if there is a 2nd.Or does the actual body of the trust constiturte the 1st amendment. thanks for any help


Asked on 5/23/10, 10:13 am

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

There must have been a 1st amendment, and that you are unable to find the document. You should try to find the person that drafted the trust agreement and see if they drafted the 1st amendment. You can only administer what you have, and if you don't know the terms of the 1st amendment, then you go forward with what you have. The trust agreement is not the 1st amendment.

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Answered on 5/25/10, 11:55 am


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