Vernal, UT asked in Estate Planning and Elder Law for New Mexico

Q: Can an Amendment to a Trust document be voided because of inaccuracies?

#1 The Amendment changes the terms stated in a specific Article of the Trust , but the Reference is erroneous. In this instance, said Amendment refers to Paragraph 6.K of Article VI, but there is no such paragraph. There is however, a paragraph 6.G.

#2 The Amendment was based on the assertion that a beneficiary and Successor- Trustee owes an indebtedness to the Trust, but there are documents that prove the amount was given as a gift. There is no proof that it is an indebtedness.

# 3 The Amendment was not delivered to the beneficiary and Successor-Trustee who holds a copy of the Trust, but was only found by him accidentally.

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1 Lawyer Answer
Anthony M. Avery
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  • Estate Planning Lawyer
  • Knoxville, TN

A: Assuming the Settlor of the Trust is making the Amendments, he can usually amend a revocable trust any time he wants, erroneous or not. The Successor Trustee may be charged with having to pay into the Trust he runs. If he disagrees, he might want to resign as Trustee. Successor Trustee needs competent legal counsel.

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