Invalidating Amendments to Living Trusts

Invalidating Amendments to Living Trusts

If an amendment to a living trust formed in State X is made in error (or in a attempt to defraud a beneficiary of the trust) and contravenes the original trust, does State X law provide any way to invalidate the amendment other than by filing a lawsuit?


If a Revocable Living Trust was amended, the issue of the validity of that trust amendment would probably have to be challenged in a court proceeding to have the amendment declared invalid. The basis and degree of proof required to do this will depend on local law. For example, if someone used undue influence or forced the grantor to sign an amendment to benefit the culprit, it might be overturned. Some probate/trust issues are settled by contractual settlement agreements between all the parties involved to avoid the legal costs and publicity of a court battle, but you really need expert guidance as to the legal, and tax, implications of such an approach. You really need to consult with a probate litigation specialist in your area (a general trust and estate attorney might be a good start, but at some point you'll need litigation expertise as well).

Sorry but no state specific advice. This web site only gives general advice. You'll always need to consult a local attorney (or other expert).

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