Legal Question in Wills and Trusts in California
My husband's mother passed away a few months ago. We just got a copy of the trust. In it it states that her SISTER, not her SON (my husband) is the sole beneficiary. We believe that the sister and her HUSBAND coerced her into naming her as sole beneficiary. The sister and husband have petitioned the VA for benefits on behalf of my husband's mother (her dead husband had benefits she never filed for - nor never received - so there could be a lot of money she never received - therefore that is due her - or her estate). If there is - then her sister, not her SON would get the money. Can this be contested? We live in San Diego, California.
2 Answers from Attorneys
Perhaps. You need to take a copy of the trust to an estate planning/probate attorney in your area and discuss you situation. Many trusts (and wills) contain a provision which provides that if the trust (or will) is "contested" the contesting party is treated as if it had predeceased the decedent.
A Trust is a separate document into which the assets must be legally moved for they to be part of the trust. A Will contains all the assets not in a Trust. So you must first be clear as to whether it is a trust or will. You need also to find out if the VA benefits pass automatically as life insurance benefits would and whether any can be claimed for her pre-deceased husband.
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