In two separate matters, a new client’s spouse unexpectedly died, leaving behind a will and trust that was outdated and adversely impacted the surviving spouse upon the death of the first spouse. In both instances, the decedent failed to review or update their estate plan with legal counsel. DeAngelis Legal discussed potential solutions with the surviving spouse and implemented strategies to address the issues.

In the first matter, DeAngelis Legal prepared a Non-judicial Settlement Agreement to rectify certain provisions of the trust. In the second matter, DeAngelis Legal proposed and issued a notice regarding the interpretation of an ambiguous amendment and obtained consent from the beneficiaries to proceed accordingly. In both scenarios, these issues (and the time, energy and expenses) could have been avoided with up-to-date estate plan documents. It is strongly recommended to review your estate plan documents with legal counsel at least every five years.