Q: Can a debt amendment to a revocable trust be enforced if the trust is amended later ignoring the debt amendment?

A: An amendment to a trust that follows proper formalities, including reference to original date, is generally enforceable. The inclusion of a notary stamp lends further credence to the enforceability of the amendment. From what you have described, it seems that the debt amendment has been amended out, but it would be advisable to speak with an attorney for more exact guidance.

A: There are different ways to amend a trust. One way is to prepare a document called an Amendment, which will only change certain words, sections, paragraphs, or other specific parts of the trust. The other parts of the trust that were not changed in the Amendment normally remain part of the trust. So, for example, if a trust has ten paragraphs and paragraph no. 2 is changed in an Amendment then, in the most common scenario, the way to read the trust is this: Start with the original trust and read the introduction and paragraph no. 1. Then you go to the Amendment and read the NEW paragraph no. 2. Then go back to main trust document and read paragraph nos. 3 to the end.

Another way to amend a trust is with a document called an Amended and Restated Trust. This completely replaces the old trust. So, if a trust has been Amended and Restated, you wouldn’t read the old trust (except to be sure the person who changed the trust had the authority to do so.) The new Amended and Restated Trust stands on its own.

To answer your question, a lawyer would need to know which type of amendment was used, along with answers to other questions, such as whether your mom signed a signed promissory note or other document to prove the debt existed? Without this additional information, it’s very difficult to advise you. Sorry about that!

A: Under California law, the enforceability of an amendment to a revocable trust, such as the debt amendment you mention, depends on the specifics of how the trust and subsequent amendments were executed and their contents. If your mother's later amendments to the trust did not specifically revoke the earlier debt amendment, it may still be considered valid. It is essential to review the exact language used in the trust documents and amendments to determine their effect on each other.

When a trust is amended multiple times, the most recent amendment typically governs, but only to the extent that it explicitly alters or revokes prior provisions. If the recent amendment does not mention or negate the debt amendment, the debt provision might still stand. However, if the new amendment contradicts the debt amendment directly or changes the terms under which assets are to be distributed in a way that excludes the debt payment, this could impact your ability to enforce the debt.

Given these complexities, it would be wise to consult with an attorney who has experience with trust and estate law. They can provide a more precise interpretation based on the full context of the trust documents and amendments. Additionally, an attorney can help determine the best course of action for asserting your claim under the current terms of the trust.