Q: What could strike an amendment from a trust?
My grandfather's trust amendment states when my grandmother passed, therefore declaring him the surviving settlor. However, the date that is documented for her death is entirely incorrect. It is actually the date my mother passed, 2 years after my grandmothers actual death. Would that information being false/incorrect be grounds to get the amendment stricken from the record?
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A: An amendment to a trust can be struck or invalidated for a variety of reasons, including fraud, duress, undue influence, mistake, lack of capacity, or a violation of the trust's terms or state law. In your case, if the date of your grandmother's death is incorrect in the trust amendment, that could be a mistake that could potentially render the amendment invalid. It would be best to consult with an attorney who specializes in trust law in your state to determine the best course of action for correcting the mistake and protecting the trust's assets.
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