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Trust Interpretation

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My friend has a problem. He lives in California and recently has had a Living Trust prepared. One of the sentences in the Trust document reads: "This Trust shall be funded with assets transferred to this Trust by the Grantor at the time of creating this Trust, or at any later time".

Problem is, my friend takes it to mean that assests can be funded either currently (at time of creating Trust document) or later but NOT both times, meaning one time or the other. His Trust preparer insists that the interpretation is that the assets can be funded currently (at time of creating Trust document) AND in the future, meaning at ANY time. Obviously my friend does want it worded to mean what the preparer is interpreting but thinks it does not mean that currently. He thinks if "and/or" was used it would mean what the preparer is interpreting but currently does not. Who is right, my friend or the preparer?

Thanks in advance for your help!


Senior Member
If the trust preparer is an attorney, the trust preparer can give an opinion your friend, and others, can rely on.

If it was a paraprofessional your friend was a fool for having an unqualified person do it for him or her.


I do not know whether the preparer was a lawyer or a paraprofessional but regardless, who is correct - my friend or the preparer? Please advice.

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