Legal Question in Wills and Trusts in California
my mom had a living trust made in 1999
and i was told about it..then in 2001 she amended it and left 3 of her children hardly anything, but the sister who lived with her and her daughter got 58% of $700,000 estate..she was her caregiver for about 10 years and really bossed my mom around i want the first will i was told about to stand can i contest the last one..we were never told about the amended one it was drawn up in 2001 and notorized in 2005...
2 Answers from Attorneys
You should consult with an attorney. Contesting a will is very tricky. Based on what you said, you would have to prove undue influence by the sister. If she was an unpaid care giver for about 10 years, that may be difficult.
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Is your mother even deceased? You can't force people to change their wills and estate planning. Inheritance is a privilege, it is not a right. If she put things into a trust, there is nothing to probate, regardless of what a will says. If she executed a new will, and revoked the prior will, the new will stands until she revokes that one.