Legal Question in Wills and Trusts in California

My mother was deemed predeceased in trust litigation due to financial elder abuse (wrongfully so, but that is irrelevant at this point). Under the terms of the trust, I would inherit her share. However, now the trustee has brought a lawsuit stating that I am not entitled because I assisted my mother in her elder abuse. These accusations were never brought or mentioned in the first trial and I am wondering if there is some sort of estoppel/claim preclusion/res judicata that would apply? It doesn't seem fair that I had no chance to defend the claims against my mother and now am bound to the findings of elder abuse.


Asked on 11/25/13, 9:50 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

An attorney would have to review both the underlying litigation and the trust instruments to give you proper advice.

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Answered on 12/11/13, 8:40 am


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