A revocable trust's assets and bequeaths are readily changed. Usually, the revision will cause someone to be spurned. If that's you, here's what Minnesota's law is on challenging an amendment to the trust.
First, unlike the original trust, an amendment does not need to be notarized or witnessed. Instead, the settlor may revoke or amend a revocable trust by substantial compliance with a method provided in the terms of the trust. Hence, you look to the trust to identify if its terms were complied with by the settlor.
If there is a failure to fully comply with the process for amending, the district court has authority to modify an amendment under Minnesota Statutes Section 501C.0415 (2020). The modification will be made under a broad set of facts, including original intent, what changed in circumstances, and whether there was an apparent mistake by the settlor in fact or in the eyes of the law.
To further assess these elements, let's talk about your situation and see what your options are for recovering what should be yours or ensuring your amendment holds up in court.
