Legal Question in Wills and Trusts in California
My mom had a 2006 trust where she was settlor and sole trustee. My brother had her sign an 2010 amendment making him her co-trustee.
However, the amendment starts out stating - This first amendment of Trust made 2010 executed between mom as Settlor and mom and my brother as Co-trustees. It then goes on to say "Whereas, the Settler and the Trustee entered into a 2006 Trust Agreement, and..." etc., etc.
Since the Amendment doesn't specifically name my mom as settlor/trustee and then state her wishes to amend her 2006 Trust to make my brother to be co-trustee, is it valid?
1 Answer from Attorneys
Does it matter? Your mother may amend the trust again if she doesn't want your brother to be a co-trustee any longer.
The amendment is probably valid, but you should have a lawyer look at it to be sure - it's not really required for the amendment to state the history of the creation and prior modifications of the trust (although it's good form to do so).
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