Re: validity of ca living trust
Love the question. The answer is, it depends. First, there is no magic to who drafts a trust and from what resources. Second, the notarization only autheticates the signature. The validity does not depend upon notarization. But, signing the document, if the signer is not competent does not create a trust relationship. Your mom has to be competent to agree to the terms of the trust agreement. Also, if she signs under a mistaken belief about what she is signing, under fraud, duress or under threat, overt or implied, her consent to the trust agreement is voidable.
Finally, signing a trust agreement without transfering assets into the name of the trust does nothing at all. A trust is not a will, and a trust without assets is like a head without a body.
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Again, the book is, to my knowledge, the only one written for regular people in the middle class, and it contains in an appendix the Legacy Living Trust Package, which to my knowledge is the only complete fill-in the blanks trust package written in simple English ("People Ease", not "Legalese") that will be valid in every State in the US.
