Q: Are amendments valid if they were made during the pandemic via email, with the settlor never speaking to the attorney?
My brother had an amendment drawn up for our grandfathers trust during the pandemic via email being the only one ever speaking to the attorney/law office that he got it through. The amendment only benefits my brother and he was the only one present with my grandfather when it was signed with the notary. Is it still valid? The 120 days to contest is far behind us, however if it wouldn't that fall under a different law of some sort?
A:
Under California law, an amendment to a trust can be valid even if it was made via email and without the settlor speaking directly to the attorney. The crucial factors are whether the amendment meets the legal requirements for trust amendments and whether the settlor had the necessary mental capacity and was not under undue influence at the time of signing.
The fact that your brother was the only one communicating with the attorney and present during the signing with the notary raises potential concerns about undue influence. However, since the 120-day contest period has passed, challenging the amendment may be more difficult, but not impossible.
You may want to consider consulting an attorney who can evaluate the specifics of your situation. They can help determine if there are grounds for contesting the amendment based on undue influence, lack of capacity, or improper execution, even though the standard contest period has expired.
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