Legal Question in Wills and Trusts in California

Widow renouncing signed agreement

After my father died we discovered he had named his new wife as JTROS on all his banking and brokerage accounts. He did this for ease of use and because Dad was a little old-fashioned. His Trust and Will clearly state he desired his wife to have just the interest & dividends only until she died. At her death my brother and I were to receive the account balances.

Sadly, because the accounts were JTROS his widow became the sole owner of dad's accounts when he died. But, since dad's wishes were clear, she agreed to sign a notorized agreement to share the money with us. (1/3 her, 1/3 me, and 1/3 my brother) This seemed fair to everyone at the time. Now after a more then a year she has not given us our share and her children want her to keep all my father's money for herself.

Now that we filed a breech of contract complaint they are saying that she was ill, anguished, abused, deceived, denied legal aid, and coerced into signing the agreement. (Totally untrue!!!) They even started paying us our share but stopped after paying just about 20% of what he had coming.

How likely is it that they can get out of her written agreement just because they now want to keep all the money? How binding is her signature on the agreement?


Asked on 6/26/05, 1:29 am

2 Answers from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: Widow renouncing signed agreement

wothout being rude which i am accused of many times i dated clair voient i am not one --- based upon a 20 line question without an exhaustive dealing with the facts only god knows and she is not telling me --- what does your attorney say or did you file suit pro per -- yourselfves and if you did you need a lawyer now, yesterday, in fact way back when when the agreement was prepared and signed ---- good luck and i mean that seriously --- I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.

Read more
Answered on 6/26/05, 10:47 am
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Widow renouncing signed agreement

these are questions for the attorney who filed the complaint.

Read more
Answered on 6/26/05, 10:53 am


Related Questions & Answers

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