Legal Question in Wills and Trusts in California
I have a Living Trust dated in 92. It was created with the help of an attorney and basically left my major assests to my 2nd wifes use until she died then to my number two son.
In 06 a attorney helped me create a First Amendment adding my number one son to share with his brother.
I now wish to eliminate number one son. Can I just throw the Amendment away?
None of the people involved have any documents althrough they know a Trust exists.
If not what should I do?
1 Answer from Attorneys
Probably not the best idea. Usually, I recommend that a person have their trust rewritten after the 2nd amendment to avoid confusion and potential problems. In your situation, you may want to do so because you want to specifically disinheret a biological child. Unless you specifically disinheret this person, they could still have an action for a portion of your estate.
Additional considerations: did you only create a trust or did you include a pour-over will as well? Did you create a durable power of asset management for propert aquired after the trust was created to be brought into the trust (this can include a car or personal checking/savings account)?
If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com
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