Legal Question in Wills and Trusts in California
This is a complicated one - In 1991 my grandfather created a revocable trust naming my mother trustee. The beneficiaries were his three daughters or their issue if they did not survive him, all equal share in trust. My mother passed away in 2001 so her share would have passed to me and my brother. In 2002 my grandfather changed some minor language in his trust, but not his beneficiaries. In 2007 he modified his trust virtually disinheriting me and my bother and leaving the vast majority of his estate to his other two daughters or their issue. My brother and I were unaware of this change. He passed away recently and we received a copy of his trust and were shocked that we will not receive our mother's 1/3 equal share. He was 91 when he made the modification and living in squaler and unable to care for himself. There is a no contst clause in trust. Do we have any recourse?
1 Answer from Attorneys
Yes- you have to petition for the court's permission to file an action under the "safe harbor" provisions of the Probate Code, then you have to prove that he was either unduly influenced by someone or not possessing testamentary capabilities at the time he signed the amendment. If the attorney who drafted the amendment is going to testify that granpa was OK at the time he signed the amendment , you are in trouble. If not, you have a shot.
Related Questions & Answers
-
Do you have to pay a mortgage on property in probate Asked 3/10/11, 12:21 pm in United States California Probate, Trusts, Wills & Estates
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
