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.


Asked on 1/04/04, 7:21 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

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.

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Answered on 1/04/04, 8:09 am


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