Legal Question in Wills and Trusts in California

Re: Can a child written out of a will sue the father's trust?

Normally you can't sue, unless you can prove that the will was "unduly influenced" by someone, forcing your father to leave money to persons other than you, when he really wanted to leave it to you. If his intentions were that you were not able to inherit, then you can't really change that, unfortunately, through legal action. Also, trust documents are not normally filed with a court, so it is difficult to get a copy, although you are entitled to get a copy if you file a lawsuit. Thanks for your question.

Re: Can a child written out of a will sue the father's trust?

People have the right to leave their estate to any person or persons they choose, so anyone disinherited would have to have a good reason for a suit, such as: undue influence, lack of mental capacity, mistake, or fraud. A successful suit would nullify the will or trust, but then whatever will or trust that existed before that one would then be valid--is this the first will/trust which disinherits you?

You are not entitled to a copy of the will/trust before your father's death, but you might try communicating with him and/or your siblings. Many of my clients have had a change of heart once they know death is imminent.