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In Reply to: Re: Missing a provision for Bypass Trust posted by Mary Kay Foss on 11/14/03:
It may be that lack of a bypass trust was intentional. Sometimes simple house trusts lack them. I doubt that this was a scrivener's error, but there is always a remote chance of that too. I suggest that you and your client look closely at the correspondence that came from the attorney who drafted the trust for clues. (If an attorney was not involved, look at to the source of the documents.) If need be, suggest that your client hire new counsel to look into his or her options, but without the enabling language, it doesn't look promising.
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