Trust Amended In Hospital 2 Days Before Death And Trustee Now Receives Everything…what Should Family Do? (california)

Location: California

I’m trying to understand whether this situation is normal or if my family should be speaking with a probate or trust litigation attorney.

My uncle passed away on February 4th in California. For years he told multiple family members what was in his trust and who the beneficiaries were.

We recently contacted the attorney who had previously worked with him (the attorney who prepared his estate planning documents years ago). That attorney told us the most recent amendment they had on file was from 2022, and they also confirmed who the trustee was (a friend of my uncle’s).

However, when we finally received the trust from the trustee, we learned that a new amendment had been drafted by a completely different lawyer on February 2nd while my uncle was in the hospital, just two days before he died. Apparently the attorney and a notary came to the hospital because my uncle could not leave.

Under this new amendment, the trustee (my uncle’s friend) now appears to receive essentially everything.

This was very different from what my uncle had told family members previously and what we believed the earlier trust provided.

A few things that are concerning or confusing:

• The amendment was created extremely close to his death while hospitalized

• A completely new attorney was used instead of his long-time estate attorney

• The trustee who benefits is the same person who arranged this amendment

My questions:

1. Is it legally common for a trust amendment to be signed in a hospital days before someone dies?

2. If the trustee benefits from the amendment, does that raise any legal issues?

3. What kind of lawyer should family members consult (probate litigation, trust litigation, etc.)?

4. Can an attorney obtain medical records to determine whether someone had capacity when signing a trust amendment?

This is all happening in California.

I’m not trying to accuse anyone of wrongdoing, but the circumstances and timing are making our family question whether everything was done properly.

Any advice on next steps would be appreciated.

EDIT: my uncle was never married or had children