Legal Question in Wills and Trusts in California

For a trust Attorney....

Grandma had irrevocable trust. We discovered 2 additional pages in trust labelled 11a and 11b stating many different people that get 10k each. Showed grandma. She said these don't belong. Had new one made removing that aunt entirely from anything because of the "fraud". Grandma died. Now aunt has an attorney and claims that grandma instructed her in writing to add the 2 pages of people as beneficiary's. UMM can you add pages to someones irrevocable trust because they asked you to in California?


Asked on 8/20/14, 2:07 pm

3 Answers from Attorneys

Len Tillem Tillem McNichol & Brown

If the trust was irrevocable before your grandmother's death, then she didn't likely have the right to make any changes.

If the trust was revocable, then your grandmother had the right to make changes, but a trust must be amended in the manner provided by the trust document - this usually requires a written trust amendment, executed by your grandmother. Pulling and replacing pages isn't enough, assuming your grandmother did that, if your grandmother didn't sign the trust amendment, preferably before a notary.

You should review the situation in detail with a trusts and estates attorney, as you should with any litigation matter.

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Answered on 8/20/14, 2:23 pm
Scott Jordan Jordan Law Office

It is difficult to say without reading the trust document. However, generally, an irrevocable trust is also not amendable. The pages reading 11a and 11b could not be added to the trust without additional factors, such as a court approving the amendment.

When you said she had a "new one made", what do you mean? Did she have a new trust drafted?

I suggest you contact a trust attorney experienced in trust litigation. If your aunt has an attorney, you will want one as well to defend the trust.

I am available for a free consultation.

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Answered on 8/20/14, 2:25 pm
Charles Perry Law Offices of Charles R. Perry

The question is not whether the trust is irrevocable; the question is whether the trust could be amended to add beneficiaries. The two questions are related, but the answer to one is not necessarily the same as the answer to the other.

You need to get counsel involved, especially if this ends up in court. Handling a contested court matter by yourself without proper guidance is a recipe for failure, when there is a lawyer on the other side.

Please find someone here on LawQA and/or in your area to advise and assist you.

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Answered on 8/21/14, 12:37 am


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