Question : Does a Living Trust need to be signed by a lawyer?
Our family is having a huge problem right now. One of my aunts had my grandmother sign a living trust less than 3 months after my grandfather passed away. In the Living Trust she gives my aunt all access to her money. My aunt lives a very "high maintenance" life and we're all worried she's going to drain my grandmother's money and there won't be enough left to properly take care of my grandmother for the remainder of her life. She was recently diagnosed with alzheimers. I received a copy of the Living Trust and noticed it was only signed by 3 witnesses and my grandmother. One of the witnesses was the notary. Is this legal? Or should a lawyer have sat down with her and explained to her what she was signing? Also, on the Power of Attorney given to my Aunt, my Aunt signed as the Agent. Wouldn't that be a conflict of interest? She also noted her profession as a "Senior Paralegal" when in fact she has never been certified as a Paralegal.
- asked by jenhatesnick
All Answers:
Answer #1
One thing you seriously need to consider iswhether your grandmother is legally fit to signthis document. In cases where the signer is aminor, mentally ill or cognitively impaired(alzheimers), the document, even if signed, maynot be legit. But, you don't want to wait untilyour grandmother passes to do something about it.It really sounds like your aunt is up to no good.Get a lawyer IMMEDIATELY!!!
- answered by lyricsop
Answer #2
Lyric's right - get a lawyer. In addition to theissues of mental fitness (very, very low standardto be considered mentally fit by the way) you havea possible duress situation. The notary signingas a witness really just invalidates the notarysignature, and leaves two witnesses - generallysufficient to enforce the trust document - but itis suspicious and will be construed negatively. No attorney needed to be involved at all, muchless sign for the document to be valid.
- answered by Catspaw
Answer #3
Yes, you need a lawyer. I can direct you to help,if you would like!
- answered by gatorgirl
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