Legal Question in Wills and Trusts in California
My uncle brother and I were my grandmothers only living relatives. She died about a year ago. She had a trust that she had since 1994. In 2010 when she had already lost her licsence and showing sever signs of a!timers that she had had for year my uncle, who I believe used more undue influence along with her mind not being of sound mind, had my grandma change her trust to the house I've lived in my whole life goes to my brother and I everything else goes to my uncle. She owned several properties, had seven bank accounts and millions of dollars in other assets. So I'm contesting the amended trust. I have a lawyer who hasn't done anything for me. They haven't requested medical records nothing. They said they weren't going to represent me so I filed the case myself they told me three days before the dead line. The lawyer for my uncle sent the law firm that wasn't suppose to represent me discovery questions that I didn't get until 60 days later. Then sent me way more then your suppose to and told me I had one day to answer. Then cane at me with a deal that my uncle would pay the garbage bill! And give ms 8,000$. They tel! Me I'm a fool not to take it. I have to make a decision to accept the offer today or there saying he will sale my half of the houses proceeds to pay for his legal fees. Half way through this I got a paper sating the deeds to the properties were not put into the amended trust. I feel I'm getting insulted. I'm trying to make the amended trust invalid and the original good do I stand a chance or should I take the deal?
1 Answer from Attorneys
It is impossible to answer this question without a lot more information. In addition, no competent lawyer is going to give you specific advice about a situation in a public forum. They will only do so in confidentiality.
You need to talk to a qualified lawyer about this. If you do not trust your current lawyer, then you need to find someone that you can trust. That lawyer should be asking questions about the entire case, including the evidence that you have about your grandmother's illness at the time she changed her trust and the evidence you have of undue influence.
Since houses do not sell in a day, you probably have a bit of time to find and talk to an attorney -- but I would not delay. The fact that properties were not transferred into the trust is an interesting twist.
You should be able to find an attorney through LawGuru that can help you. You may be able to find an attorney through the Bar Association for your county. There are other sites as well. You need someone that handles probate and trust litigation. They do not necessarily need to be in your area, but they need to be licensed in the state where the trust is administered.
This situation is likely not hopeless -- but you do need to act quickly and get a strategy in place. This type of case is difficult, and is rarely one that someone can win without an attorney.
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