Q: Is there any scenario where an unsigned trust could be used if the lawyer failed to provide the documents to be notarize
My mother’s lawyer updated her trust but only provided her with a draft copy. After several requests the lawyer failed to provide an official document for her to get notarized and my mother passed still waiting for the document to arrive. Now we are left with a trust from 2013 that my mom’s lawyer states are not her wishes. The same lawyer prepared both documents. If the lawyer testifies can the court decide to use her most recent trust instructions?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Your situation touches on a complex legal issue where the documented wishes don't match the known intent. Generally, California courts require trusts to be properly executed and notarized to be valid, with very limited exceptions.
However, there might be hope in your case through the doctrine of "substantial compliance" if your mother's lawyer can testify about her true intentions and explain why the updated trust wasn't properly executed. The fact that the same lawyer prepared both documents and can verify your mother's wishes could be significant. Courts sometimes consider clear evidence of intent when there are extraordinary circumstances that prevented proper execution.
You should promptly consult with an estate litigation attorney who can review all the documents and circumstances. They can evaluate whether to petition the court to recognize the updated trust based on the lawyer's testimony and other evidence. Time is crucial in trust matters, so don't delay in seeking legal help to protect your mother's true wishes. While this is challenging, having the original lawyer's testimony about your mother's intentions could prove valuable in court.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
