Legal Question in Wills and Trusts in California
Disinherited at the end
Father died 1999. Left will and trust that contradicts what he told me. I'm his daughter. Sister, a co-trustee, has not been forthcoming with me about anything. Father died of brain cancer and was totally incapacitated at the end of his life. Last dated instrument was signed seven days before he died. No doctor was present. Sister says it was not necessary. Mother, 83yrs old and co-trustee, told me he was extremely upset at the signing and she had to help him sign. What can I do if anything?
1 Answer from Attorneys
Re: Disinherited at the end
If he passed away in 1999, it may be too late, but see an attorney right away. He may have lacked the capacity to know what he was doing, or there may have been fraud involved.
Even if it is too late, your mother still can include you in her estate planning, and perhaps even make up the difference if she is truly upset about this. The trust may also have something called a "power of appointment" which could let her change the distribution of your father's trust.
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