Legal Question in Wills and Trusts in California

A Will and a Tust are two totally separate documents. The Trust controls all assets whose title has been transferred to the Trust, the Will controls anything left over not included in the Trust.

You are supposed to be notified as to the filing of the Will for probate. Within a reasonable periodm of time after finding out about the Will, you can ask for a hearing to attack the Will and perhaps sanctions for failure to notify you. Check the file using the court's online website and/or go to the court and read through the entire file to see what has occurred.

It is very difficult to attack a Will or Trust for undue influence. You basically need to show that the assets would not have been allocated as they were if not for such influence. In all likelihood, you are going to need an attorney to do so.