Legal Question in Wills and Trusts in California

Husband/Wife set up trust to make sure there's no fighting between their 2 sons after they die. The trust states in great detail who gets what. part of the trust is the principal residence which can be used or sold (for med. expenses etc.) by the surviving spouse. they both made it very clear, through the trust and verbally that the house was to be given to the one son after they both died. Husband dies first, wife living in house with the son, she gets sick, other son(executor of estate) comes and gets her, takes her to his house to care for her. She dies, suddenly there's a new will and the house goes to the trust not the other son. Brother(executor) is telling other brother he has to move out because house is being sold. Does he have to move out? Can he file something to stop being evicted? Contest this new will?

Asked on 10/08/11, 4:05 am

Michele Cusack Pollak & Cusack

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The new estate plan can be contested on the grounds of incapacity or undue influence/duress, but it is hard to prove.

Answered on 10/08/11, 8:42 am

Gary R. White Burton & White

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You need to take all the relevant documents to an attorney to get specific legal advice about your situation and your rights.

Answered on 10/10/11, 1:27 pm

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