Legal Question in Wills and Trusts in California
This question might be redundant. Can someone challenge being cut out of a living trust or will? That's the redundant part. How effective has such efforts been historically or in recent decades? Does the law favor the side being challenged? I would be the side being challenged if it happens.
2 Answers from Attorneys
Heirs and potential heirs can be disinherited if done right. But to determine that requires a review of the documents and the relevant facts.
Mr. Roach is correct. A review of the documents is required. Also, is the person that removed you as a heir still alive? Was that person mentally legally competent at the time the changes took place? Was there any undue influence.
As in most legal cases, the result of a challenge will depend on the facts and you should consult a local estate planning attorney.
Good luck.
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