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Trust modification without scribner's error (1 viewing) (1) Guest
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TOPIC: Trust modification without scribner's error
#7670
great1 (User)
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Trust modification without scribner's error 6 Years, 9 Months ago Karma: 0  
In a nutshell, I would like to have a probate court modify a trust to give the beneficiaries of power of appointment. I cant claim scribner's error as the drafting attorney recommended that the client update his documents, by the client didnt update the documents prior to dying. Would a probate court modify a trust when there is no proof of scribner's error?

Anyone done this before?
 
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#7774
Henkel (User)
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Re:Trust modification without scribner's error 6 Years, 8 Months ago Karma: 0  
Why not claim scribner's error and see what the court says? Doesnt hurt. Also, if you sign a release and waiver against the drafting attorney, then the drafting attorney may sign a statement stating that it was likely the intent of the settlor that the beneficiaries wanted a power of appointment.
 
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