Meyers v. Meyers
Susan and Laurie are sisters. In 1991, their parents (hereafter, Mother and Father) established a trust, which they amended and replaced in its entirety in 1999. The parties refer to the 1999 amendment as the “First Amendment”; for clarity and because the 1991 trust is not at issue in this case, we will refer to the 1999 amendment as the “1999 Trust.” The 1999 Trust provided Mother and Father were co-trustees until the death or incapacity of one of them, at which point the other would serve as the sole trustee and “shall have the absolute right to amend or revoke [the 1999 Trust], in whole or in part, at any time except as to any part which is made [i]rrevocable.” Upon the death or incapacity of the surviving trustor, Laurie and Susan would serve as successor co-trustees.
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