QUESTION
my husband and I have a living trust since 2004. We amended it last year. Doe this replace the distribution of assest in my original trust?
Asked on Jan 07th, 2015 on Wills and Probate - California
More details to this question:
my original will in the first trust left portion of my assets to my husband's son, with the agreement from my husband, trust was amended last year taking his son out of the trust due to drug addition. This amendment was signed and notarized by both of us. Will he challenge me if my husband were to pass away first?
1 ANSWER
I am sorry you are having such trouble with your husband's son. That is a common problem I hear about from clients. Will he challenge you after death? Clearly nobody can predict that. Whether he challenges it or not the change should still probably be done. If nothing else, to protect your step-son from his habit. Some people put a nominal gift into the trust for drug addicts to put some teeth in the no-contest clause. So give him $5k for example. It's enough that he wouldn't want to contest the trust as he would want the money. However, hopefully it's not enough for him to kill himself from an overdose. I sincerely wish you the best of luck. -John
Answered on Jan 08th, 2015 at 9:39 AM