Legal Question in Wills and Trusts in California

A Lawyer is telling us our family trust (originally written in 1997) needs to have an updated HIPAA and a Pour Overwill. They both were updated in 2008. I think they're just trying to get money. Can you tell me if anything has been revised and should be updated in our trust for either of these documents?


Asked on 4/12/11, 11:56 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

I can't see the trust from here.

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Answered on 4/12/11, 1:42 pm
Eliz. C. A. Johnson Eliz. C. A. Johnson

Sarcasm aside, while it is true that seeing your trust would help, your question seems to be more about whether you need to update your HIPAA authorization and your Will. Without knowing more about WHY s/he thinks they need to be updated, I cannot answer your question. As to the HIPAA authorization, generally, I cannot see why that would have to be re-done after only 2+ years. As to the Will, since it is a pour-over Will putting anything missed into the Trust which is existing, I cannot see why you would update that and not the Trust based on some major change of circumstances. Since your attorneys and your question do not seem to indicate the Trust needs updating, that does not see to be required. Again, without knowing more, it is hard to say. Often, it is true though that doing updates regularly is a good source of additional income; it is also true that sometimes there are reasons for doing so.

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Answered on 4/12/11, 2:27 pm


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