California; I have been name in a trust for a $10,000 cash gift. It was $30,000 but my cousin ( trustee) managed to get my uncle to changed the trust three months prior to death while undergoing intensive chemo at 89 year old. It is not hard to figure I have a hostile trustee. I received a copy of the trust several months ago from her attorney and have heard nothing from her. I have asked twice about progress to my non hostile cousin and just get "it could take up to five years." She had clauses put in my cash gift saying. "This special cash gift shall be on the condition that he waives any claim against my estate of any kind whatsoever and signs a release to that effect and if he refuses to do so or should make any claim against my estate he should be dissinheirated and receive nothing. I received my copy of the trust on May 26 2013. It also states in letter from attorney "WARNING , do not bring any action to contest the trust more than 120 days from the date of this notification by the trustee is served upon you or 60 days from the day on which a copy of the terms of the trust is mailed or personally delivered to you in response to your request during that 120 day period, whichever is later. " I cannot make any sence of that at all. Also named as special cash gifts are Pacific University in Oregon for $10,000 and Catholic Church for $5,000. I have no clue how to proceed on this. I have read the cash gifts are to be paid before any other money is spent. My uncle had enough in cash at bank to cover all three gifts . The estate is worth several million . Any help would be appreciated, thanks
1 Answer from Attorneys
Your cousin may have committed financial elder abuse according to the laws of the State of California.
I suggest you contact a probate litigation attorney immediately to review the documents and to investigate what you would have been entitled to absent the changes. DO NOT WAIT!