Legal Question in Wills and Trusts in California

Can a living trust be challenged
My father has named myself, my brothers, my sister and his sister as five equal and sole recipients of his estate in a living trust created by a lawyer.My eldest bother is the executor. My dad's current wife, (my stepmother)are estranged and she has lived out of state for about eight years. She refuses to grant him a divorce, but finaly agreed to a legal seperation after a lengthy, contentious and expensive legal battle. The seperation has now been made legal. My stepmother is not named in the living trust and my father has made it abundantly clear that he does not wish her to inherit anything. They were married in 1984. I am convinced that she will fight the trust upon my fathers death. I suspect she taken the deed to his house (mysteriously missing from a locked strong box)when she left my father. After he dies is there any way she can challenge the living trust or cause us legal grief?

Asked on 10/22/01, 10:32 am

2 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

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Re: Can a living trust be challenged

If he does not wish to divorce her, his estate planning documents should make it clear that even though he is married, he does not want to leave anything to his wife. The law was recently changed to allow spouses (even separated ones) inheritance rights in trusts, so he should check with an estate planning attorney to ensure the trust will resist any challenges.

Answered on 11/26/01, 3:05 pm

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