Legal Question in Wills and Trusts in California

Is the disclaimer valid

Upon my husbands death I was contacted by an attorney informing me

that there was a trust in the family and she provided me with a copy. I

would become a beneficiary upon my mother in laws death. The attorney

was asking me to disclaim my portion in exchange for a lump sum, after

considerable persistance and misinformation I agreed to sign the

disclaimer due to the fact that I wanted to take a leave of absence from

my job, and other factors relating to my husbands death. After I signed

the disclaimer I decided not to leave my job and it was understood by

my mother in law that I no longer needed the money. I never received

any compensation and assumed they would not use the discalimer. I

remained very close to my mother in law, she recently passed away and

now the other beneficiaries and the attorney want to use the disclaimer,

I have retained counsel and we are trying to come to agreement without

litigation. The family attorney has lately been ignoring my attorney's

requests and calls. I am worried that the 120 days to contest the trust is

coming up this week and wonder if I need to file a legal motion before

the 120 days, even though we are in the negotiation stages. Can you

please advise.

Asked on 2/05/06, 11:35 pm

1 Answer from Attorneys

Donald Field Donald L. Field, Jr., Attorney at Law

Re: Is the disclaimer valid

this question should be directed to the attorney who represents you in this matter.

Read more
Answered on 2/06/06, 7:20 pm

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