I was named as executor of a last will, and trustee of the living trust. My brother moved in next door to my Mom (the grantor) and now the trust has been restated with my brother as the executor of the last will and trustee of the living trust. Mom has fallen ill. How many days must pass before the newest last will/living trust is valid? Is there a minimum number of days that must pass between the time a last will/living trust changes to the time of death? Perhaps cold but objective question.
ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU:
The new versions are valid as soon as they are executed. Unless you can prove either your brother exerted undue influence over your mother causing her to execute different provisions where your inheritance is now diminished or your mother was incompetent at the time of the signing, the new will and restated trust will stand.
Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
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