Legal Question in Wills and Trusts in California
The sum of one dollar,
In the Living Trust a stipulation is included where siblings contest will, the sum of 1$ would be paid. Is that true.
Asked on 10/23/07, 1:24 am
1 Answer from Attorneys
Mitchell Roth
MW Roth, Professional Law Corporation
Re: The sum of one dollar,
I don't know if its true, but it is common. It effectively disinherits anyone who contests the decedents testamentary plan. However, if the provision is in a trust document it should state apply to anyone who contests the validity of the trust or its testamentary plan. Of course, if the trust is held to be invalid due to incapacity, fraud or undue influence, the provision will have no effect. But, it certainly raises the downside of a contest.
Answered on 10/23/07, 2:23 am