Legal Question in Wills and Trusts in California

Contesting aTrust

A friend of mine's grandmother passed away leaving a home. The home was trusted (or so he was told) to her two surviving children. This persons mother passed away when he was young. Now I know through CA intestate succesion law that he would have been due 1/3 third of her estate in his mothers place, but since this is a trust and not a will he cannot contest on that basis. But seeing as how he feels that he is due his mothers share of the home and doesn't see how his grandmother would have written him out knowingly, as he is her only grandchild...He thinks that maybe she didn't understand what she was doing... because here's the kicker... she didn't speak english very well and may have been told that she was including him, he does not believe a translator other than the other children were present. He has never been allowed to see a copy of the trust so he does not know what it says. Does he have any basis for contesting the trust ?


Asked on 6/22/06, 3:46 pm

1 Answer from Attorneys
Todd Stevenson Stevenson Law Office

Re: Contesting aTrust

The circumstances as you describe might be grounds for a trust contest based on mistake or undue influence or perhaps some other grounds. He needs to see a copy of the trust, which he is entitled to see as an heir. He should contact an attorney as soon as possible if he wants to pursue this.

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Answered on 6/23/06, 11:44 am


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