(01-17-2001)
THESE FRIENDS HAVE GIVEN SOME VERY BAD, INCORRECT ADVICE!!
A handwritten note is not sufficient and leaves so many legal loopholes.
Sometimes people who have a trust also have a will. Does she have a will? If she does, then she has already used the services of an attorney to prepare it, and if she wants to revise it by adding a new beneficiary's name, then all she has to do is contact the attorney and inform him so the change can be added and the will retyped (very inexpensive to make a change).
A better, simpler course of action to take, if she doesn't necessarily want the son to know about this money (which after all is not being included in the estate), would be for her to open a savings account or Certificate of Deposit with her name on it, showing your husband's name as the beneficiary (along with his address and phone number information). Is there some reason she doesn't want her son to know about this or does that fact not make a difference? Do you know how much money is involved? Or, at the very least, have her sign a typewritten letter that mentions her desire for him to get this money, and have her sign it in the presence of a notary to make her signature official. The ideal situation would be for her to have your husband's name listed as a beneficiary in the will, if she has one. That way, there would be no question as to her intentions. Or, give him the money while she is still alive.
She could ask a legal aide about this but it is doubtful if they would have the experience to answer the question properly. It would be better to ask an estate/probate attorney or business law attorney.
SINCERELY,
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