Legal Question in Wills and Trusts in North Carolina

I have not seen the document so I cannot say whether its legal or not. My advice would be to take the entire trust document to an attorney and pay him/her to review.

First, where is the trust located? In NC? The trust instrument recites what law applies or where the trust is to be administered.

Unless your brother happens to be an attorney, then he cannot draft anything for your father. Trusts do not have "attached sheets" saying what a trustee should or should not do. That will be spelled out in the trust and any valid amendments. The amendments are signed by the grantor (your father) and the trustee (your father) and notarized. if a successor trustee has taken over and your father is now deceased, the trust is irrevocable and cannot be amended. obviously if a sucessor trustee is handling and your father is incompetent, then the trust cannot be amended. a successor trustee would have no power to change the terms of a trust.

Also, what does it mean exactly to "take care of" relatives? An amendment should spell out what the trustee is supposed to do with trust funds. Does that mean the trustee gives everyone a check each month for a $1000? More? What if someone is a millionaire? Does the trustee still have to take care of them? Does this mean the trust is supposed to support them? What if the trustee does not like the relative and only wants to give $20?

I see a whole lot of problems here. I question the validity of this "attached sheet". If your father is still alive and mentally competent, I or any estate/trust attorney who practices in the state where the trust is administered should review this document and draft a proper amendment. If your father is not competent, then I question the validity of this, but the amendment would be meaningless as the successor must use the assets for your father's benefit. If your father is dead, then you have a mess on your hands and you would best be advised to consult a lawyer. I don't think the document is valid as I have said but if your brother is not following what the real trust says and is trying to effectuate this document then you are headed for court.