Legal Question in Wills and Trusts in California

Can a will be made to replace a living trust created years ago by grandparents? Grandma passed 14 yrs ago.Grandpa had severe dementia and was under my uncles control. He got grandpa to sign this will 4 mos before he died and gave 100% to my uncle and cut my mom sister and I out. We were entitled to 50% in the estate documents. My grandpa did not know where his bedroom was...he was incapable of knowing what he signed and never would have cut us out. Uncles been lying and misleading and distracting us. 2.5 estate value at least. Help.


Asked on 8/31/17, 2:53 am

1 Answer from Attorneys

There are several issues that are raised. Was the living trust revoked? If not, an important question is whether your grandparents transferred assets to the Trustee of the Trust. If so, then the Will would not have any assets to transfer.

If there are few or no assets held by the Truestee of the Trust, an action can be brought in the probate court to invalidate the will. However, that is a more difficult path that will require evidence of your grandparents condition at the time that the Will was signed.

There are many other questions that need to be answered such as whether there was real estate owned by grandparents, where your grandparents resided when they died, etc.

Caleb Donner

805-496-0500

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Answered on 8/31/17, 9:11 am


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