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living will



"Walter"
4/18/2008 8:15:31 AM


I had a living will drawn up a few years ago by an attorney in Palm Springs,
CA. (I still live in nearby Cathedral City). In the First Amendment to the
(My Name) Revocable Living Trust under sub-heading B. Remainder of the
Estate as follows, I have divided the monies in my estate among sons,
granchildren and a brother. I want now to remove one son and three
grandchildren, and change the percentages each of the remaining heirs will
get.
Question is: can I do this by simply attaching a document which i draft
myself and have notarized? If so, will I require additonal witnesses? Wil
I need to make some reference to the disinherited son?
Responders, please identify yourself as a paralegal or attorney with
knowledge of CA law if such is the case.
Thank you!
 
 
Stuart Bronstein
4/19/2008 7:45:47 AM


"Walter" <ps_elder@yahoo.com> wrote:
I had a living will drawn up a few years ago by an attorney in
Palm Springs, CA. (I still live in nearby Cathedral City).
I think you mean living trust rather than living will. A living will
is a name used for health care powers of attorney, and have nothing to
do with distributing your estate.
In the First Amendment to the (My Name) Revocable Living Trust under
sub-heading B. Remainder of the Estate as follows, I have divided
the monies in my estate among sons, granchildren and a brother. I
want now to remove one son and three grandchildren, and change the
percentages each of the remaining heirs will get.
Question is: can I do this by simply attaching a document which i
draft myself and have notarized? If so, will I require additonal
witnesses? Wil I need to make some reference to the disinherited
son? Responders, please identify yourself as a paralegal or
attorney with knowledge of CA law if such is the case.
Yes, technically you can do it yourself. But if you do it incorrectly
you could screw the whole thing up and end up doing something much
different than you have contemplated. I've seen it happen.
Call the lawyer who did the trust and ask about an amendment. It
shouldn't be too expensive. And in any case your making the change
incorrectly, it could end up being much, much more expensive.
Stu
 
 
Mike Jacobs
4/19/2008 7:45:52 AM


On Apr 18, 8:15 am, "Walter" <ps_el...@yahoo.com> wrote:
I had a living will drawn up a few years ago by an attorney in Palm Springs,
CA. (I still live in nearby Cathedral City). In the First Amendment to the
(My Name) Revocable Living Trust under sub-heading B.<remainder snuipped>
That's not what a Living Will is. A Living Will tells your medical
decisionmakers (to whom you have given a Medical Power of Attorney)
what kind of decisions you want them to make at a potential end-of-
life stage when you are not conscious and capable of making those
decisions. It often goes along with an Advance Directive, which is
directed toward your medical care providers (doctors, IOW) and not
your mnedical decisionmakers (next of kin, IOW)
You have no clue what you are doing. Let a lawyer help you amend
this. Pleeeease.
--
This posting is for discussion purposes, not professional advice.
Anything you post on this Newsgroup is public information.
I am not your lawyer, and you are not my client in any specific legal
matter.
For confidential professional advice, consult your own lawyer in a
private communication.
Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
10440 Little Patuxent Pkwy #300
Columbia, MD 21044
(tel) 410-740-5685 (fax) 410-740-4300
 
 
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