Estate Law
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Answered in 8 hours by:
6/19/2013
David Kennett, Attorney
Category: Estate Law
Satisfied Customers: 27,690
Experience: 25 years practicing attorney
Verified-Could you explain your situation a little more?
Who has the original will that you signed in 2010?
Was that also torn up when you tore up the amendment?
Have you checked the San Diego probate court records to see if anything was filed?
Do you know why the CA lawyer is being uncooperative?
Do you have the original 2007 will and trust in your possession?
Who has the original will that you signed in 2010?
Was that also torn up when you tore up the amendment?
Have you checked the San Diego probate court records to see if anything was filed?
Do you know why the CA lawyer is being uncooperative?
Do you have the original 2007 will and trust in your possession?
A trust is typically not filed with the court. In your new will you can simply revoke any prior wills and any amendments to the trust. Most wills are also not filed until the testator passes away but the probate court records are public so you can check any court to see what, if anything is filed. A will and trust are separate documents so you can create a new will and refer to the trust by reference and you can also make a statement in your will that you revoke any amendments filed to the existing trust that may have been created between 2007 and 2013. That would clear up any ambiguities as to the amendment in the possession of the other attorney. It wouldn't matter if it was filed with the court or not since you always have the right to revoke a will or trust unless the trust itself is irrevocable which I assume is not the case.
David Kennett, Attorney
Category: Estate Law
Satisfied Customers: 27,690
Experience: 25 years practicing attorney
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