Legal Question in Wills and Trusts in California

My father and step mother had a will and trust drafted and entered by a son in law/lawyer. One month before the stepmother dthe trust was modified to benefit the step mothers blood heirs, and pretty much gave my father heirs the debt. Is this a case of misconduct? During that time, my father had numerous forms of cancer, and illness.


Asked on 11/30/10, 6:32 pm

2 Answers from Attorneys

James Sanchez Law Office of James V. Sanchez

It sounds like the will may be challenged on the grounds of undue influence. When the drafter of the will benefits from the will, there may be a grounds for challenging for undue influence. In this case, the beneficiary would be the attorney's wife, the daughter of the testator involved. The contents as you've described are extremely suspicious from the limited facts given.

To make a proper challenge, find a competent estate attorney near you as soon as possible to see if you may challenge the will (it is unclear on the timing above).

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Answered on 12/05/10, 7:52 pm
George Shers Law Offices of Georges H. Shers

It is unclear to me as to who died first. If your father is still alive and it is a revocable trust he might be able to modify its terms. If he died first, then the community property assets would go to his wife. To give a better answer we need additional information. Who dies first, what assets were transferred into the trust,what are the terms of the trust, what assets are in the estate that is governed by the Wills and what do the Wills state, etc.

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Answered on 12/05/10, 8:49 pm


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