Legal Question in Wills and Trusts in California

living trust

my father died recently and the two executors of the living trust which are my uncle and one brother cut me out of the will by having my father sign papers a couple days before he died. Do i have any recourse? I was estranged from my father and family, but i sense foul play and feel i was done wrong by my family.


Asked on 6/20/07, 5:09 pm

1 Answer from Attorneys

Jeb Burton The Burton Law Firm

Re: living trust

It depends on a number of factors, 1) how the document was written; 2) whether it was properly witnessed/notarized; 3) whether your father was capable of understanding what he was doing, and mentally sound enough to make such a judgment call; 4). whether their was unjust influence on the part of your uncle and brother; 5) a couple of other factors.

Just because someone decides to make a change right before their death, even if such a change included disinheriting an heir, does not mean that the change was illegal or unenforceable. There needs to be a substantive reason for "foul play". I would also add that these types of cases are really to prove in favor of the plaintiff (you), but the fact that your father made such a sweeping change at the end his life does seem to at least create an impression of misdeed. Your best bet is to speak to an attorney (preferably in the city/county where the estate is being administered, or if not then close to home for you) who can look at the complete situation and make a judgment call based on all of the facts.

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Answered on 6/21/07, 1:26 pm


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