Legal Question in Wills and Trusts in California

Can a living trust be contested?My mother has a living trust but I believe upon her passing my brother will contest it as he does not agree with terms?


Asked on 4/04/10, 1:57 pm

2 Answers from Attorneys

Ken Koenen, LLM Law Office of Ken Koenen

Anything can be contested, a will or a trust. If the trust reflects what the settlor wants, she should have a valid "No-Contest" clause in the document and probably leave him enough that it will hurt if he loses.

Read more
Answered on 4/09/10, 3:31 pm
Robert F. Cohen Law Office of Robert F. Cohen

One further thought -- you might want to have your mother make a videotape expressing her wishes on it. She can hold up a current newspaper (do those still exist?) to show the date the videotape was made. Then put it in a safe place that only you and those you trust will know about in the event your brother tries to mess around with your mother's estate plan.

Read more
Answered on 4/09/10, 5:35 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California