Reverse trust amendment

Question Details: I have a attorney created The FDA Living Trust dated May 92 and added a First Amendment in May of 92 with the help of another attorney. Now I wish to eliminate the Amendment. Although the 3 people mentioned in the Trust as beneficiaries know that something exists none of them have a copy of the Trust or Amendment. Can I just throw the Amendment away?

Asked 10/29/2009 under Wills, Trusts, Probate | 393 View(s) | More Legal Topics

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Wills, Trusts, Probate Law Answers

Unfortunately, simply throwing the amendment away will not eliminate the amendment.  Is the amendment covering a particular asset or instruction or both?

See the following under the Testamentary Additions to Trusts Act:

6300.  A devise, the validity of which is determinable by the law of
this state, may be made by a will to the trustee of a trust
established or to be established by the testator or by the testator
and some other person or by some other person (including a funded or
unfunded life insurance trust, although the settlor has reserved any
or all rights of ownership of the insurance contracts) if the trust
is identified in the testator's will and its terms are set forth in a
written instrument (other than a will) executed before or
concurrently with the execution of the testator's will or in the
valid last will of a person who has predeceased the testator
(regardless of the existence, size, or character of the trust
property).  The devise is not invalid because the trust is amendable
or revocable, or both, or because the trust was amended after the
execution of the will or after the death of the testator.  Unless the
testator's will provides otherwise, the property so devised (1) is
not deemed to be held under a testamentary trust of the testator but
becomes a part of the trust to which it is given and (2) shall be
administered and disposed of in accordance with the provisions of the
instrument or will setting forth the terms of the trust, including
any amendments thereto made before or after the death of the testator
(regardless of whether made before or after the execution of the
testator's will).  Unless otherwise provided in the will, a
revocation or termination of the trust before the death of the
testator causes the devise to lapse.

The link herein covers the modifications to trusts (which will depend on if the trust is revocable or irrevocable): http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=15001-16000&file=15400-15414

If you wish to have an attorney to help in the modification, try www.attorneypages.com to locate an estate planning attorney who specializes in trust law.

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