Does a valid living trust in California need to be notarized and witnessed by two independent witnesses?:
A living trust was created by my stepfather and my mother in California nearly ten years ago. Between then and now, my stepfather's brother (a beneficiary) passed away. The living trust is now outdated and needs to be modified and possibly re-written as they have noticed that there are erroneous clauses that do not reflect the wishes of my parents (particularly my mother). The attorney who drafted this document no longer works in the field and no longer desires to get involved in this.
My mother is a trustee and a beneficiary. I am both an alternate trustee and a beneficiary.
Eric’s answer: As stated in the other responses a notarization is not required, unless there is a specific need to do so. That said, it is practical and sound advice to have a Trust notarized in order to enhance its enforceability in the future.
On a revocation of an existing trust and replacing it with a new trust, what do you have to do with the existing property.: I am replacing my old trust with a new one. My property is in trust and I want replace it in trust with my new trust. What do I have to do to accomplish that?
Eric’s answer: As stated by many of my colleagues above, a Restatement of your existing Trust is a common nnd simple solution to avoid the retitling of assets. If, however, you have a fact-specific basis for revoking the prior trust, you will need to retitle all of the assets held in the prior trust and then update each of them to the new trust.
How can I amend my grandma trust?: My grandma died two years ago. She made my great cousin trustee if her living trust. She has done nothing with the trust an says she wants nothing to do with it. I'm now the soul beneficiary of it. My cousin won't sign any papers stating she stepped down. So now everything is in limbo. I need to know how to get my inheritance.
Eric’s answer: As stated by the other provide answers, you need counsel to Petition the Court for removal of your great cousin as trustee.