Legal Question in Wills and Trusts in California
Trust being contested
My mother and her husband had a Revocable Trust which was created 15 years ago just before he died. 5 years ago she created a new Trust leaving all of the property and assets to her natural children and dis-inheriting her deceased husband's adult children. The majority of the value of the Trust was created after her husband's passing. His children are contesting the new Trust. My mother became visibily affected by Dementia 2 years after she created the new trust. The dis-inherited step children are trying to claim she was already out of her mind at the time she created the new Trust. She had been in the hospital with we believe TIA's (tiny strokes one recovers from) and she recovered and continued to live independently for the next 2 years.
Living alone, paying her bills, doing volunteer work, driving etc.
She eventually developed Alzheimer's and died of it 5 years later. I have dozens of neighbors, family and friends that will testify to her capacity during and after the time the new trust was created.
Do I have anything to worry about?
Do they have any claim to assets my mother created after her husband died? They have hired a heavy hitter Trust/Estate Litigation Attorney. Do I need to do the same?
2 Answers from Attorneys
Re: Trust being contested
As to whether you have anything to worry about, it depends on a number of other issues that you haven't gotten into. I would hazard a guess based on this limited information and the fact that they have managed to retain such an attorney, that yes you do have something to worry about. They might have some claim to the later assets if the assets were created by building on the original marital assets. There are some other possible claims depending on the wording of the original trust, and the rest of the situation.
When you say "heavy hitter trust/estate litigator", I wonder where you are getting this information. Did another attorney tell you this, or are you basing this off of the attorney's media presence. A strong ad campaign does not a good attorney make. If you are correct and this is a well known attorney who has picked up the case, then I would definitely hire equivalent counsel, depending on this size of the estate of course. I imagine you have at least one attorney involved with this case already, is there some reason you are concerned they are not up to the task? Most (hopefully all) competent attorney's will be honest with you and let you know when you should retain more specialized or experienced counsel. If you feel your counsel is not being honest with you as to their abilities, then yes I would definitely seek a second opinion. If they are a competent attorney, they should not be offended by this. If what you are saying is you do not have any counsel, then absolutely, by all means, seek out competent representation.
Re: Trust being contested
You have no choice but to obtain representation. Whether or not the opposing attorney has earned his reputation is unknown. The fact of the matter is that an attorney is only as good as the facts and law of the case are and perhaps the budget he has to work with. In this case it will be very difficult to find incompentance after the fact and passing of your mother. It would seem that the facts are in your favor. You will need an expert medical withness to review her records. I have 19 years experience and would be happy to meet with you to discuss the case.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
