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Beneficiaries Have No Standing to Challenge Revocable Trust Amendment

Beneficiaries have no standingto challenge the amendment of a revocable trust during the settlor’slife.  The settlor’s revocable trust named her brother and sister-in-lawas successor trustees on her death or incapacity and also made them the primarybeneficiaries on her death.  The settlor then amended the trust naming herlate husband’s nephew as successor trustee and sole beneficiary.  Brotherand sister-in-law sued to set aside the amendment on grounds of lack ofcapacity and undue influence.  In Linthicumv. Rudi, 148 P.3d 746 (Nev. 2006) , the court held that the partieslacked standing because the interest of the beneficiaries in a revocable trustis contingent and vests only at the settlor’s death.

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