Legal Question in Wills and Trusts in Arizona
Left out of a trust?
My mother left a trust, naming my half sister and her daughter as heirs. I was not named in the copies of the trust I received. I did not receive all of the details of the trust or assets in the abbreviated copy of the trust mailed to me. Do I have the right to challenge this trust that excludes me as the first son from another marriage,to any interest in the estate? My sister is named as the trustee.
1 Answer from Attorneys
Re: Left out of a trust?
Contrary to conventional wisdom, children have absolutely no legal right to participate as a beneficiary in a parent's estate. If a competent parent knowingly determines to exclude a child from his/her estate plan, the child has no cause of action as such action is entirely legal. On the sole basis of having been excluded from a valid trust, a beneficiary is not in a position to mount a legal challenge as that exclusion is legally permitted.