Something was left out of a living trust that was asked for.

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Something was left out of a living trust that was asked for.

My mother and step-dad had their living trust made years ago, but nothing has changed since requiring any changes. About a month ago, my mom let me see it. As I read through it we were both shocked to see that there was no mention of my step-dad’s son who was supposed to be left only a dollar due to years of drug abuse. He’s not even mentioned as his son. So, feeling like they paid to have this included with the original purpose, she called the law office and found out the original lawyer left the firm and it is now run by his son. So, the son wants to charge them 500 to add that part even though it was already paid for and supposed to be added by the father. They feel this is very unfair. Can they just write out a document dealing with disinheriting the son and have it signed by witnesses and a notary public? Any advice would be appreciated.

Asked on August 29, 2018 under Estate Planning, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The Trust can be amended as you stated.  Write the Amendment to the _________ (name) of Living Trust.  State the changes in the amendment.  Then, the document is signed and dated in the presence of a notary. This will save you the fee you mentioned. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption