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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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I am inquiring about an amendment to a trust that has a

Customer Question

I am inquiring about an amendment to a trust that has a scriveners error, openly admitted by our own attorney. My husbands former wife died in feb.2011, we married in dec. 2012 and may 2013 he revoked the previous trust with deceased wife and renamed new
trust with updated decisions, in 2013 trust a son was gifted a property, in june 0f 2015 my husband and i met with attorney and husband amended the may 2013 trust to revoke the gifted property and place it back into the trust unfortunately my husband died
august of 2015 it was then discovered that the amendment was saying it was to the previous trust with deceased wife that was indeed revoked and renamed instead of the intended amendment to the renamed trust....it is a typo error my husbands intent was witnessed
by myself attorney and notary also the son was completely aware of this but is now lying about that. The first trust with deceased wife does not even name the property as a gift to son, so it makes no sense to amend such trust plus at the date of the amendment
the previous trust was revoked and non effective the intent seems clear as to what my husband desired and the attorney can attest to that and admits his was an error on his part in a scriveners error what can we do to protect the wishes of my decease husband?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Dimitry Esquire replied 1 year ago.

Hi,

Thank you for requesting me. Due to the lateness of the hour I will be logging off to get some rest. I promise to review and respond when I log back in, but my response will likely take some time. Until then kindly rate the first question you posted so that I can obtain credit for my work. Thank you

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
your response to my first question was confusing how can i honestly rate it? I do appreciate the assistance tho
Expert:  Dimitry Esquire replied 1 year ago.

I posted a clarification once you asked for a follow-up in your original thread. Please review it, and should you have more questions, respond then. Please take care and I promise to speak with you in the morning!

Sincerely,

Dimitry, Esq.

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