Trust of C

Michael E Freedman

Case Conclusion Date:December 13, 2007

Practice Area:Trusts

Outcome:Settlement for seven figure amount

Description:Sometime in the fall of 2002, our client's brother John C made an appointment to visit an estate planning attorney. Prior to the appointment , John C had handwritten certain amendments he wanted to make to his prior Trust and also drafted a handwritten holographic codicil to his will. In accordance with J C’s wishes, the attorney prepared the trust instruments, and forwarded these documents to John C by mail. John C received the letter and enclosed documents. However, John C did not sign the documents. Prior to his death, however, John C expressed his belief to his friend and physician and to relatives that he had made a change to his will and trust in which he named his brother, our client, Thomas C sole beneficiary and Trustee. We argued that the handwritten changes were a valid amendment to the prior trust.