Legal Question in Wills and Trusts in California
Is the disclaimer valid
Upon my husbands death I was contacted by an attorney informing me
that there was a trust in the family and she provided me with a copy. I
would become a beneficiary upon my mother in laws death. The attorney
was asking me to disclaim my portion in exchange for a lump sum, after
considerable persistance and misinformation I agreed to sign the
disclaimer due to the fact that I wanted to take a leave of absence from
my job, and other factors relating to my husbands death. After I signed
the disclaimer I decided not to leave my job and it was understood by
my mother in law that I no longer needed the money. I never received
any compensation and assumed they would not use the discalimer. I
remained very close to my mother in law, she recently passed away and
now the other beneficiaries and the attorney want to use the disclaimer,
I have retained counsel and we are trying to come to agreement without
litigation. The family attorney has lately been ignoring my attorney's
requests and calls. I am worried that the 120 days to contest the trust is
coming up this week and wonder if I need to file a legal motion before
the 120 days, even though we are in the negotiation stages. Can you
please advise.
1 Answer from Attorneys
Re: Is the disclaimer valid
this question should be directed to the attorney who represents you in this matter.