Legal Question in Wills and Trusts in California
In my parents living will there is a provision that states if any beneficiary under this will in any manner directly or indirectly contest this will or any of its provisions any share or interest in my estate given to that contesting beneficiary under this will is revoked and shall be deposed of in the same manner provided herein as if that contesting beneficiary had predeceased me without issue. My nieces and sister's demanded that I sell the house and claimed I did not have the right to not sell it in a timely manner, which they thought should have been two months after my father passed. I was the trustee and in their last will and testament, it stated, I authorized executor in the executor's sole discretion to retain any property of my estate for as long as executor considers appropriate. The executor shall not be liable for any loss incurred by my estate by retaining any such property.
My question is this, is this considered contesting the will and can they be removed as beneficiaries? They have played dirty, since the minute my father passed and had their hands out for everything , however they were of no help at all when my parents were alive. It is so sad.
3 Answers from Attorneys
Your message is a bit confusing. You first mention a living will then mention a will and then say you are the trustee. If the property is titled into the trust, the only document you should be concerned with is the trust. As trustee, you have substantial powers to decide when and if a property should be sold. Beneficiaries complaining that you are not moving fast enough so they can get their money is not a "contest" and does not disqualify a beneficiary.
Have you considered hiring an attorney to assist in the trust administration. It will deflect some of the complaint and the attorney can guide you in administering the estate properly.
I agree that hiring an attorney to assist in Trust Administration, especially if this really is in a trust, would be very important both to you and to the other beneficiaries. There are notices that need to be sent, creditors need to be paid, taxes filed, so an immediate distribution is an unreasonable expectation. At the same time, if the trust now mandates distribution to beneficiaries they have already indicated a desire for a cash distribution and if the house is the only asset, then it will need to be sold in a timely manner.
If the property is not in a trust, then you may need to start Probate proceedings and you will definately need to hire an attorney to guide you through that process.
While I agree with both the prior answers, neither one actually answers your question. The answer is that "contesting" means a formal legal proceeding that directly or indirectly attacks the will or trust or both. Just complaining or making demands is not "contesting" for purposes of disinheriting them.
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