Attorney altered Brooke Astor’s will to benefit son Anthony Marshall

Attorney Warren Whitaker said he assumed the then-101-year-old Astor was competent and was assured by her son, Anthony Marshall, in December 2003 that this is what she wanted. Whitaker also said Marshall's wife, Charlene, took part in discussions on how to carve up Astor's estate. While she's not charged with a crime, prosecutors say her greed motivated Marshall to rob his mother.

The trust and estate lawyer said the draft language he produced allowed Marshall to pass on the $60million to his wife when he died - money Astor previously wanted to go to charity.

The trial continues Tuesday.