Friday, February 25, 2022

Balistreri v. Balistreri (Cal. Ct. App. - Feb. 24, 2022)

If, perchance, you want to know everything there is to know about how you can modify a trust agreement -- in particular, whether you're required to get the signatures notarized -- this is definitely the opinion for you.

Spoiler alert, though:  Both the majority and the concurrence agree that when the trust instrument says quite clearly that any amendment "shall be . . . acknowledged by a notary public," well, yeah, if you want to get the thing amended, you've got to get those signatures notarized.

Perhaps, especially, when -- as here -- the amendment happens the day before the guy dies.

A fact that's technically irrelevant to the holding but that nonetheless may provide some color as to why the panel (like the trial court) was eminently persuaded that the amendment here was ineffective.