Legal Question in Wills and Trusts in California

My parents passed away last year. The executor imformed me I had 1/4 interest in the estate...house and contents. 7 months after my nothers death(dad died first) the executor imformed me he was mistaken and that I was excluded in a second trust. Do I have any action against him for wrong info given to me. Isnt it his responsibility to give proper information?

He said my mom changed the trust to exclude me in 2007. My father had alzheimers and she took him and had it changed although he was in no shape to sign anything.

Help please. I dont know where to start.


Asked on 6/16/10, 12:06 pm

1 Answer from Attorneys

Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

From the little that you said, it does not seem that the trustee would have any liability toward you. Even if he intentionally misrepresented things to you, you would also have to show that you had been damaged. The more interesting question is whether you can have the second trust set aside (i.e. have the assets distributed under the first trust that included you) based on some problems with the execution of the second trust. You should talk with a lawyer about protecting your rights ASAP. If we can help, please do not hesitate to call.

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Answered on 6/16/10, 4:12 pm


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