Legal Question in Wills and Trusts in California

Contesting a Family Trust

My mother was written out of her parents trust before they passed away. Her mother wanted to re-write her back into the will but never got around to it before she passed away. My mother was going to contest the trust to get her share but she suddenly got Cancer and got very sick and passed away. Do we as her children have grounds to contest the trust to get her share of the estate? The way the will orignally was written was that if a child died their children would get their share. Right now the only other survivors of the trust are my mother's brother and her predeceased sisters children.


Asked on 9/07/07, 9:03 pm

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Contesting a Family Trust

Maybe. But the only grounds for attacking the terms of the trust are incapacity, fraud, and undue influence. Also, the first step is to get a copy of the trust document and analyse the terms. Then, the authenticity of the signature on the latest version, then the circumstances surrounding the execution of the latest version.

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Answered on 9/07/07, 9:18 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Contesting a Family Trust

Was it a will or a trust? You may find that initiating litigation may result in a settlement even if grounds are weak. Contact me directly.

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Answered on 9/08/07, 3:35 pm


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