Legal Question in Wills and Trusts in California

Time-line parameters

If a licensed physician gives a prognosis to an individual that that individual has a terminal cancer, and their estimated life expectancy is approximately three months, can the following take place after the date of the prognosis:

A) Can a Trust in that invidual's name be amended

if they are a co-Trustor of that same trust?

B) If A is possible, and the person dies of

cancer in less than 90 days from

the date of that Amendment, is said Trust

valid under California law?

Asked on 3/08/01, 12:21 pm

1 Answer from Attorneys

Clark Evans Evans Law Firm

Re: Time-line parameters

I practice in Arkansas so must answer only from that perspective. As a co-trustor/co-grantor, the trust would be not only in that person's name but in other name(s) as well. Any amendment normally would require the agreement of all co-trustors unless the trust itself directs otherwise. I offer no opinion as to legality in California.

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Answered on 5/17/01, 5:53 pm

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