Legal Question in Wills and Trusts in California

Can my Dad & Brother take me off the Will and or Trust (because of a falling out) after my Mom died? Also, my Mom wrote a letter B 4 she died and my Dad & Brother are not doing what she said.


Asked on 1/08/13, 3:17 am

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

Your Dad and your brother can certainly modify their own wills, but they cannot modify the will of your mother. The trust document will say whether or not it can be modified.

You have no way to enforce the terms of the letter your Mom wrote, unless it qualifies as a holographic will. It is not possible to tell whether the letter is enforceable without reading it. I would take a copy of the letter to a probate lawyer to evaluate whether the letter can be enforced.

Best of luck to you.

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Answered on 1/08/13, 3:34 am


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