Legal Question in Wills and Trusts in California

Its possible, it depends on the specific facts of her mental status.

The answer is yes, if she was in full control of her mental faculties, and no, if she was not. There is a good chance she was not, but that is not something that could ever be answered over the internet. An attorney would have to gather the details and evidence for this specific situation and analyze it.

I�m sorry for your loss. Based on the facts you provide, it is definitely possible that your sister did not have the requisite capacity to execute a trust. However, sometimes when a trust or will needs to be executed, a critically ill patient will be temporarily taken off medications that can interfere with decision making. But, this type of approach must be monitored by a doctor and a determination must still be made as to whether the patient has legal capacity to execute a trust. In certain cases, it is also possible to execute a trust even where the Trustor cannot physically sign it if that person expresses her desire to execute the documents ( California Prob. Code Sec. 4121 and 4122 ). If this is what happened in your sister�s case, it is also possible that she understood her trust and the impact of the bequests under it.

Have you seen the trust document? Simply because your brother-in-law states that everything goes to him, doesn�t mean that your sister has not provided for you and the young woman. Did you sister have a prior will or trust? If so, and the trust executed on her death bed is found to be invalid, then the prior will or trust would be controlling.

If the trust referred to here is invalid and your sister does not have a prior will or trust, then the rules of intestate succession under Probate Code 6401 would apply. Under subsection (a), your sister�s husband would be entitled to receive 1/2 of your sister�s share of the community property, in addition to his own share, and under subsection (c)(2) (B), 1/2 of the separate property. You and your older brother entitled to the remaining 1/2 of the separate property and 1/4 of the community property. Unfortunately, unless the young woman that you sister mentored is an at-law beneficiary or has been provided for by trust, will, or insurance policy, she will not be entitled to a share of the estate.