Legal Question in Wills and Trusts in California
If the original trust has two pencil check marks on it on the first page. My uncle had a will and a trust. The trust that is marked is the second one done many years ago. There was an amendment made 9 months before his death by a caregiver to make her the sole beneficiary. If the original trust is marked, is it valid? Would the amendment then be valid?
2 Answers from Attorneys
The check marks should not make the original trust invalid. The amendment may or may not be valid depending on a number of factors, such as whether your uncle was competent at the time he signed the amendment and whether he was being subjected to undue influence by the caregiver.
It is illegal in California for Caretakers to receive bequests in a will. Contact me directly at 619 222-3504 or e-mail me at [email protected].
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