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

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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

Answers:

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

Answered 3 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. 


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