Can You Fix a Poorly Drafted Living Trust? - Davies Law Firm
Notas del episodio
From Davies Law Firm - Can You Fix a Poorly Drafted Living Trust? explains how families in Syracuse and across Central New York can address errors in a living trust, including ambiguous language, missing provisions, and unfunded assets. The description walks through the options available under New York law, from targeted amendments to complete restatements, and outlines when a court process may become necessary to correct the document.
The discussion covers common do-it-yourself trust drafting errors, such as defective trustee succession, failure to fund the trust, defective execution, and inconsistent standard terms, all of which can undermine a trust's ability to function as intended. It also addresses how ambiguous language and missing provisions can create confusion for a successor trustee and lead to disputes over distribution of assets in Onondaga County and the surrounding region.
Frederick P. Davies of Davies Law Firm, a retired Air Force Judge Advocate, and William P. Davies, who holds an LL.M. in estate planning, review living trusts to confirm whether amendments, restatements, or judicial reformation are the right fit for correcting a document's problems. Their work draws on New York Estates, Powers and Trusts Law under EPTL § 7-1.17, which governs how a trustor may amend or revoke a revocable living trust while retaining legal capacity.
Listeners will learn why timing and capacity matter when fixing a poorly drafted living trust, and how uncorrected errors can lead to costly complications for families. From the Davies Law Firm office in Syracuse, this episode offers guidance for trustors and successor trustees throughout Central New York who want their trust to preserve assets and reflect their true intent.
Davies Law Firm
210 E Fayette St, Syracuse, NY 13202
(315) 472-6511