Legal Question in Wills and Trusts in Texas

Amendment to Living Trust

The Living Trust addresses specific distributions of trust property under Article 6, Section 1, ''a''. An amendment to the Living Trust inserts a paragraph ''b'' to Article 6, Section 1. If the trust property is to be distributed per ''a'' to two beneficiaries, can ''b'' distribute a portion of the trust property already distributed per ''a'' to a different beneficiary, although this beneficiary is still one of the two beneficiaries?


Asked on 5/29/02, 2:07 am

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Amendment to Living Trust

Unless the Trust is prohibited from being amended, the amendment should supercede the prior language.

If the property has already been distributed, then "b" becomes a nullity. However, if the property is to be distributed in the future, then "b" will control.

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Answered on 5/29/02, 10:17 am


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