Legal Question in Wills and Trusts in California
Grandchild ended up in trust
What is the name of your state? CA
My mother recently passed away leaving equal shares of a six million dollar estate to my two sisters, a Grandson and myself. Nothing was left to her other Grandchildren including my two son's and my other sister's daughter. My mother stated in her trust that she left a 25% share to this Grandson because he was always her favorite and helped her so much emotionally as well as physically. She also stated that this did not mean she loved her other Grandchildren any less. I don't have any grounds for showing that my mother was not of sound mind or coerced when she added her Grandson to her trust. The change was made three years before her death. The previous Trust which existed to 15 years prior had only her three daughters as the heirs of her estate.
Is there any way my sister, her daughter, my son's or myself can contest this trust?
There is a no-contest clause in the trust. If any heir contests the trust, they will lose their share. But since the Grandchildren who were left out have nothing to lose, what is to stop them from contesting the trust?
4 Answers from Attorneys
Re: Grandchild ended up in trust
If there's a contest without merit, they might wind up having to pay attorney's fees and costs of suit, which could be substantial.
Re: Grandchild ended up in trust
Your question is very valid but cannot readily be answered "simplistically" here. If you have access to a copy of the trust instrument, you may want to strongly retain an attorney to review all of the provision that make up the complete document. Thereafter, the attorney could much better advise you of your rights and/or ramifications of contesting the will or not. If you would like further assistance, contact us today.
Re: Grandchild ended up in trust
you should retain an attorney to review the trust (and perhaps the prior trust) and to assist you in making sure the trustee acts properly and correctly.
Re: Grandchild ended up in trust
I think your children would have a tough road, because the burden of proof of some sort of coercion or unsound mind existed at the time she prepared the second trust.
Ask yourself this question. Were her reasons accurate? Remember, it was her money ... not yours, your sisters or your childrens.
Furthermore, if your children DO initiate a contest without a basis, they could be held liable for court costs and attorney fees.
Plus, you will most likely need to pay an attorney to represent you, because I doubt you will find one who will take this matter on a contingency basis.
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