Legal Question in Wills and Trusts in California

Two Trusts, and a possible Contest of Will

My grandfather's will was left in the form of a generation skipping trust. All of the money was left to me, with a bank (I don't know which bank) as the keeper, and my mother receiving the interest on the capital until her death. Until either one of us dies no one can touch the capital. There is a condo, which is part of the Trust. My mother has forbidden me to use this condo. I am over 18. Can she do this? How do I find the bank who holds the trust? Can I demand access/denial of access to this property from them?

2) My grandmother died recently. My mother had her declared mentally incompetent several years ago, immediately before these proceedings my mother changed my grandmother's will from a generation skipping trust, to one in which my mother is the sole heir. My mother didn't tell me about my grandmother's death, and has made it clear that she isn't going to share, although she made certain verbal promises concerning sharing the wealth in the recent past. Do I have grounds to contest the will based on the fact that my grandmother was already mentally incompetent when my mother had her will changed? If I did win, would the will simply revert to the generation skipping trust?


Asked on 1/03/00, 4:08 am

1 Answer from Attorneys

John Hayes The John Hayes Law Offices

Re: Two Trusts, and a possible Contest of Will

This sounds complicated and I do not feel comfortable giving you legal advice without speaking with you. I can tell you one thing, if your grandmother was declared mentally incompetent then her second will would probably be deemed unenforceable. If you would like to speak with me regarding the case and your possible remedies I can be reached toll free at 877-546-9918. The consultation is free. If you don't feel comfortable calling me, please call someone before your mother spends all of the money.

Sincerely,

John Hayes

Read more
Answered on 1/04/00, 4:34 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California