Q: My dad died before he signed amended trust, even though confirmed with estate planner, during covid?
My Dad received amended copy of his living trust 3 days before he died and had not signed them. He did contact estate attorney and confirmed draft. I don't believe signing them was exclusive, but I do know that my dad would want his last wishes honored. I know there must be mitigating circumstances, especially during the covid lock down. My dad gave Trustee the power to amend on his behalf but she fails to honor his wishes???
15410 At the termination of a trust, the trust property shall be disposed of as follows:
(a) In the case of a trust that is revoked by the settlor, as directed by the settlor.
15409. (a) On petition by a trustee or beneficiary, the court may modify the administrative or dispositive provisions of the trust or terminate the trust if, owing to circumstances not known to the settlor and not anticipated by the settlor, the continuation of the trust under its terms would defeat or substantially impair the accomplishment of the purposes of the trust.
A: If he didn’t sign the amendment, it’s ineffective. It doesn’t need to be notarized, but it does need to be signed by the trustmaker. Sorry to be the bearer of bad news, but to tell you otherwise is just wishful thinking.
Steven J. Fromm agrees with this answer
A: CA Probate Code 15206. The settlor (your father) must have signed the trust amendment for it to be valid and enforceable. There is no exception for Covid. Sorry.
Steven J. Fromm and Yelena Gurevich agree with this answer
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