Legal Question in Wills and Trusts in California

How the law protects heirs of estates

What happens in an Insurance trust estate if the owner of the estate gets upset for no valid reason and decides to "write-off" the heir. Do we have any legal rights to contest being wriiten off? This particular individual has been twisted into believing that she is at risk of being taken advantage of. There is only two heirs to the estate. should we be doing any pro-active planning? Thank You.


Asked on 8/08/99, 5:16 pm

1 Answer from Attorneys

WILLIAM BRANDWEIN WILLIAM A. BRANDWEIN, A PROFESSIONAL LAW CORP.

Re: How the law protects heirs of estates

Your question does not have all the facts upon which an answer can be made. The term "insurance trust estate" does not mean anything. You may be talking about an Irrevocable Insurance Trust or a Revocable Trust. If it is irrevocable nothing would change within the trust, however the grantor while alive could cancel the insurance which except for any cah surrender value diminish whit is given under the trust. If revocable, any change could be made unless there is undue influence.

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Answered on 8/13/99, 5:30 pm


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