Legal Question in Wills and Trusts in New York
Attack on Revocable Living Trust by Disgruntled Heir
On 12 March 2007, my mom sadly passed away. She had set up a procedure whereby assets were directly transferred to three of her four surviving heirs, her children. The remainder is in a revocable living trust. The excluded heir is threatening potential legal action. While he is unaware of the exact nature of the legal devices employed in asset transfer, he is a successful attorney married to an attorney wife whose specialty is Wills, Trusts and Future Interests. Need I, as one of the three included heirs, take some kind of preemptive action here? Am I vulnerable to legal attack here?
1 Answer from Attorneys
Re: Attack on Revocable Living Trust by Disgruntled Heir
While anyone can disinherit a child, there are things that might have been done to make those inheriting less vulnerable to litigation. You do not state if there were reasons Mom did this or why, or if there is anything in writing with Mom's signature explaining this, so if there is nothing supporting a reason you could be sued on a claim like undue influence, a question of her incapacity could be raised, or evn a claim that Mom inadvertently forgot to name this child. Unless you have something explaining why this was done, be prepared for litigation. More information is needed to give you a better response.
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