Legal Question in Wills and Trusts in California

Is undue influence a possibilty?
My father passed away 2 yrs ago without making a will. My stepmother of 38 yrs. just recently passed away. The trust names her sister as the trustee and beneficiary of over 90% of the estate. My stepmother was terminally ill with lung cancer and heavily medicated at the time the documents were executed (30 days before she died). My aunt kept promising to make additions to her home to house my mom and complained constantly about all the time she had to take off work to care for her sister, when I had already said that I could take a leave of absence to do so. Also, my aunt never notified of any of the numerous hospital stays that my mom had. I think she was trying to convince her that I didn't love her. Could this be construed as undue influence?

Asked on 10/05/06, 4:21 pm

Donald Field Donald L. Field, Jr., Attorney at Law

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Re: Is undue influence a possibilty?

yes, and the validity of the documents based on her mental and physical condition at the time may also be subject to challenge.

Answered on 10/07/06, 2:33 pm

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