Legal Question in Wills and Trusts in California

Re: legal documents with discrepancies

This is certainly an error that should be brought to the Court's attention. What I am curious about is what ruling you are hoping to overturn. Since there is a family trust, it should not have been submitted to Probate, therefore, there should not have been any Court intervention up to this point.

Pleasae let me know what has transpired that you are wanting to change. Without this information, it is difficult to answer your question.

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Re: legal documents with discrepancies

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Will contests and trust contests mostly focus on testator's lack of mental capacity to execute the estate plan. What you are referring today appears more ancilliary, and may be scrivner's error. You should immediately consult your own attorney to protect your legal rights.

Re: legal documents with discrepancies

You'd have to have an attorney review rulings already made in whatever court action is pending to see when and how to overturn them--there are time deadlines on these, so have this review quickly.

On the document discrepancies, it would likely be difficult to invalidate them on that basis unless you could show the mistake was on the part of your father, not the preparer, and/or that he did not have the capacity or free will to make the trust he really wanted to make.