QUESTION
What can be done if my mother did an amendment to her trust and then changed her mind and wanted the amendment voided?
Asked on Jan 04th, 2013 on Estate Planning - Michigan
More details to this question:
The lawyer had her sign a document to void the amendment but it seems as though it just reaffirmed it. It states - "I hereby reaffirm, ratify and republish said Amendment, a copy of which is attached herein. I further state that any amendment, statement or other document that may be found pertaining to my said trust which was executed prior to today which is contrary or contradictory to the provisions set out in the above described Amendment is null, void and without effect."
10 ANSWERS
2 Awards
You need to speak with an attorney and have all documents reviewed.
Answered on Jan 10th, 2013 at 2:09 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I agree with you that it sounds like she affirmed the amendment. If your mother is still alive and competent, then she can set things aside. Otherwise, I do not see how you can do that, especially in light of this document.
Answered on Jan 10th, 2013 at 2:09 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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If your mother is still alive and the trust can still be amended, she can amend the trust to state what she wants. If your mother has passed or can no longer amend the trust, you need to speak to a lawyer about the possibilities of proving the amendment, or obtaining an agreement among all the beneficiaries and the trustee. There is no guarantee, however, that you will succeed in proving that your mother wanted to void the amendment.
Answered on Jan 10th, 2013 at 2:09 PM
Business Litigation Attorney serving Orange, CA
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Law Offices of Frank Granato
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See another attorney.
Answered on Jan 08th, 2013 at 5:28 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Find an attorney that will do what she wants.
Answered on Jan 08th, 2013 at 5:28 PM
Estate Planning Attorney serving Simi Valley, CA
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Carmen B. Marquez, PC
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She should just do a 2nd Amendment or simply restate the entire trust.
Answered on Jan 08th, 2013 at 5:27 PM
Administrative Law Attorney serving Sherwood, OR
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Employment Law Professionals Northwest LLC
3 Awards
If the new amendment is the document referred to by this statement, then it modifies the previous change. You should have the documents reviewed by legal counsel to get a second opinion.
Answered on Jan 08th, 2013 at 5:27 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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Look at the document it again. Normally a document would void the part of the amendment she wanted to cancel and then reaffirm the rest of the trust. Just read the last document carefully, I think that's what it might actually say.
Answered on Jan 08th, 2013 at 5:25 PM
3 Awards
She should call the lawyer back to address the issue.
Answered on Jan 08th, 2013 at 5:23 PM
This language seems confusing. Have the attorney explain it to your mother and if she is still not satisfied, have the attorney rewrite the document.
Answered on Jan 08th, 2013 at 5:22 PM