Legal Question in Wills and Trusts in California
Grandma's Trust/Will
My grandmother just passed away leaving behind 2 drug addicted children that stand to inherit everything because my uncle ''helped'' her set up her trust/will. Prior to my grandmothers passing the 2 of them forged several thousands of dollars in checks and credit cards. She changed her trust/will naming myself as co-trustee and executor of the will 3 months prior to her passing. What rights do the 3 grandchildren have at contesting the trust/will? She told several people a year or so prior how she wanted things set up but when things were actually done it was all completely opposite.
1 Answer from Attorneys
Re: Grandma's Trust/Will
The trust document will control if she was mentally competent when she signed it and not under any duress or undue influence. If the revised trust is not valid as a result of these type of infirmaties the prior document will control. They, and any interested party, has the right to litigate the issue of validity and the issue of interpretation of the trust document. I assume the "will" simply leaves any residual property to the trust. Any such property will have to be probated.
Using the trust assets you certainly can and should hire a lawyer to assist you in these questions and any litigation that may ensue.
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