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Family Trusts - Why You Should Have One
Family Trusts - Why You Should Have One
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davidjohn6366
89 posts
Nov 02, 2022
10:44 AM
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A person makes a family trust to accomplish a variety of things, both during and after their life. After death, their trust primarily serves to distribute their property and money to loved ones. During their lifetime, an elderly man or woman may become mentally incapacitated and require the establishment of a conservatorship so the court can appoint someone to have authority to make sound financial and healthcare decisions.
During this conservatorship process, it is often discovered that the elder had previously prepared a trust that named certain family members as beneficiaries. It may also be discovered that the elder, during a time when their mental capacity was questionable, made an amendment to their trust that disinherited their family members and named new beneficiaries. If this amendment were the result of undue influence, then the court can remedy the problem by ordering a "substituted judgment".
Most courts, including my hometown in Riverside County, California, will bend over backwards to honor a person's testamentary wishes as instructed in a trust document. Substituting the court's interpretation of that person's wishes, when two competing documents exist, is a difficult task and requires overwhelming evidence to prove the true intent of the elder.
https://www.bloglovin.com/@freelancer10/11669861
https://www.pixnet.net/pcard/lefuz/article/c6fcfb20-4aed-11ed-8424-791edcb4d260?utm_source=PIXNET&utm_medium=pcard_article&utm_content=420865fdf9737766ef
http://janessa.e-monsite.com/blog/--13.html
https://www.evernote.com/shard/s330/sh/8191ae16-83c0-271a-b7d1-cfb0fe1447eb/206c466cf72da82107716d670f66dd10
https://classic-blog.udn.com/79ce0388/177279860
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