The original Trust (12 years ago) had on the last page the name of the original Trust Attorney and a statement that amendments to the Trust "shall" be sent to him certified mail, sign receipt. No time limit mentioned nor stated on when to send the amendments. Do we have to send and if so can we send now since the amendment has become very important now & in the future.
Elder Law Attorney
I don't think there's much precedent for this type of situation, but common sense suggests that if it appears before the signature line it's an obligation of the trustee, and if it appears below the signature line it's more properly treated as a disclaimer/request. Moreover, if it's a revocable living trust, the creator can freely waive any of the obligations imposed by the trust if he or she desires. That said, I don't see why you wouldn't send it to the attorney just for him to have it so that, if he was ever contacted about issues down the road, he would know that changes had been made. It doesn't mean you have to hire him.
Attorney Rosenberg is admitted to practice in Connecticut and Massachusetts, and currently practices in South-Central Connecticut with an emphasis on estate planning, elder law, probate, and tax matters. He may be contacted confidentially by email at Scott@ScottRosenbergLaw.com or by phone at (203) 871-3830. All correspondence through this website appears publicly, is not confidential, and does not create an attorney-client relationship between you and Atty. Rosenberg. Discretion should always be employed when posting personal information online. ~~~~~~~~~~~~~ All online content provided by Atty. Rosenberg on this and other websites is provided for general informational purposes only, and does not constitute legal advice. All content is general in nature. Attorneys are unable to ask the questions necessary to fully understand the legal issues faced by any particular poster. Postings and responses to questions only provide general insights on the topic discussed. They are not tailored to any readerâ€™s specific situation, will not be accurate in all states, and are never updated or maintained to reflect changes in the law. No person should take action based on the information provided by anyone on Avvo.com or any other law-themed website without first consulting a local attorney with significant experience in your area of concern. Persuant to Circular 230, no online content may be used by any person to avoid taxes or penalties under the Internal Revenue Code.
Estate Planning Attorney
I agree with Attorney Rosenberg that the ‘safe’ route is to send a copy of the revision to the drafting attorney. If this is the only restriction on amendments, there is nothing the drafting attorney can do if he/she objects to the amendment. This is presuming the amendment is valid as drafted and executed, (trust maker competent, no undue influence, etc.)
If the purpose of this notice is to in any way benefit the drafting attorney, it may not be enforceable or it may be a breach of ethics to have made such a restriction on amendments. None of that is important, however, if you just send a copy of the amendment. I suggest it be sent return receipt required.
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