Trust Amendment by Email Might Be Valid
Last week we wrote about the late Anne Heche‘s emailed “will” that might be judged valid under California law. Our own article reminded us of a similar, but different, story we recently read about a less-famous electronic estate plan. The key difference: it involved an attempt at a trust amendment by email, rather than an […]
Trust Restatement, or Trust Amendment?
You want to amend your revocable living trust. Your lawyer has told you that you need a trust restatement. What’s the difference, and which should you prefer? The basic rule A trust restatement is really just the ultimate amendment. Assuming that you retained the authority to amend your trust, you can amend it by completely […]
Claimant Must Prove Undue Influence, Lack of Capacity
AUGUST 27, 2012 VOLUME 19 NUMBER 33 It has been some time since we wrote about the concepts of undue influence and lack of testamentary capacity — and the differences between these two legal concepts. A recent Minnesota appellate case strikes us as a good opportunity to revisit challenges to wills and trusts based on […]
Amending Your Will–Caution: Do Not Try This At Home
FEBRUARY 20, 2012 VOLUME 19 NUMBER 7 OK — you’ve signed your will and paid the big lawyer’s fee. Now you want to make a change. Do you know how to modify your will? Can you do it without incurring another fee? Shouldn’t it be easy to make the change? All that might have been […]
Attorney And Innocent Client Killed Over $100,000 Will Error
MARCH 22, 1999 VOLUME 6, NUMBER 38 Walter V. Shell, a 71 year old man from Johnson City, Tennessee, blamed attorney John D. Goodin for a mistake in Shell’s ex-wife’s will. Last Thursday Shell tracked the lawyer down and shot him in the head. Lawyer Goodin, 81, was a well-known lawyer in Tennessee. He had […]