Probate,
Family
Mar. 14, 2022
Appellate ruling shows trust’s modification method must be followed
A recent decision is a helpful caution that the modification provisions of a trust must be carefully followed and that there is a limit on a court’s implementation of the settlor’s intent.
Some estate planning lawyers probably believe one or both of the following: (1) if Mom and Dad create a joint "living" trust, they can amend or revoke it as they see fit; and (2) the Probate Court's duty is to implement the testator's intent. Balistreri v. Balistreri, 2022 DJDAR 1898 (Feb. 24, 2022), suggests both of those propositions are not necessarily true whe...
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