Legal Question in Wills and Trusts in California
My father passed away in Feb. (california) My Grandmother claims she is his beneficary on his living trust, nothing was notarized and the signatures look fraud, when my sister and i finally recieved a copy of the trust, indicating we were formally excluded from my fathers estate, the paperwork was not notarized? signatures look like they were forged, and our names were not even close to our names? Is this legal? Grandmother claims everything was left to her? do we have a good chance to challenge this in court?
2 Answers from Attorneys
There are many formalities involved in creating and funding a trust. In addition to having a valid signed and notarized trust instrument, assets must be held in the name of the trust. For example, if your father owned a home but title is in his name, not in the name of the trust, then it is possible that this asset would have to go through Probate, which would then be determined by his Will. All of your questions can only be answered by an attorney with access to all of the relevant documents. I strongly advise you to consult with an attorney to get more specific advice regarding your legal rights.
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