Legal Question in Wills and Trusts in California

Dear Mr. Green:

Re: Undue influence and challenging my mother's codicil and trust amendment.

I am not sure, but from my research I may actually be able to prove undue influence. Please, let me know if you think I have a case.

First of all, my uncle was the person who went to HIS lawyer and had the changes drafted FOR MY MOTHER. He lives in Porterville and my mother was living in Monterey, CA. The changes were major and ultimately my uncle is the person who will reap the benefits, once my brother is out of the picture.

Secondly, the changes made essentially DISINHERITED A CHILD: As far I understand, provisions that are unnatural, cutting off from any substantial bequests the natural objections of the decedent�s bounty. Disinheriting a child, an unnatural act, can indicate undue influence.

Moreover, the codicil and amendment contradict my mother's former estate plan: Dispositions at variance with the decedent�s intentions, expressed before the document�s execution. Since my mother had a previous Will and Trust that treated my brother and I equally, but the codicil to the Will and amended Trust contradict the former Will or Trust, this can add to the conclusion that my mother was unduly influenced.

Opportunity to control decedent: Relations existing between the chief beneficiaries and the decedent that afforded the former an opportunity to control the testamentary act. If my mother relied my uncle for her daily living needs, this can add to the conclusion that she was unduly influenced.

Most of the above was taken directly from another lawyer's website. I was hoping it is true because all of the above points are very, very easy for me to prove.

I look forward to hearing from you.

1 Answer from Attorneys

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