Legal Question in Wills and Trusts in California

Grandma's Been Duped!

My Grandma is 94 years old. She is still of sound mind and body, incredibly! In 1991, she set up a revocable living trust, making her son a trustee and main beneficiary, as well as financial/healthcare power of Attorney.

10 months ago, her son was diagnosed with Cancer. He had an attorney change the trust to be irrevocable, naming his wife as beneficiary and Health care power of Attorney. The Attorney had her sign documents that she did not understand nor did he try to explain them to her. Her son called when the attorney was there and told her to ''just sign them.''

Her safe deposit was emptied of all her documents and her bank account was drained to under $5,000.00.

When she found out that his wife would get the house, she flipped as these were not her wishes. She wants to leave it to her daughter who lives with her and has been her primary care giver for 11 years. It is very much inline with the will she prepared back in 1963. She has no copies delivered from her lawyer of any kind except the Heathcare power of attorney, and is just lost.

Is there anyway for her to ammend this trust or void it, so her money hungry daughter in law does not get her property upon her death against her true wishes?


Asked on 8/09/02, 3:33 pm

3 Answers from Attorneys
Mina Sirkin Sirkin & Sirkin

Re: Grandma's Been Duped!

Yes, there is a procedure where she can ask the court to do this. Also, please have her call the elder abuse hotline in the county she lives in and make a report. If she lives in Los Angeles County, Orange County, Ventura County or Kern County, please contact me and I will be happy to help.

Mina Sirkin, Attorney at Law

818-340-4479

[email protected]

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Answered on 8/09/02, 4:18 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Grandma's Been Duped!

If she has been duped, and will testify she has, she can have the trust undone or reformed to match her real wishes. The parties involved in the "duping" may also be subject to an elder financial abuse lawsuit--check with a local attorney quickly to start the process.

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Answered on 8/09/02, 4:48 pm
Hollie Lemkin Law Offices of Hollie A. Lemkin

Re: Grandma's Been Duped!

Yes, this situation can be fixed and her wishes can be implemented. She may also want to consider her options against the attorney who drew the documents at her sons request and failed to explain them to her. I work in Orange County and would be happy to help her.

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Answered on 8/09/02, 8:22 pm


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