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...

Question

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?

Answer

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).