Legal Question in Wills and Trusts in California
Mutual Wills
In 1991 my parents signed identical mutual wills. Only their names and gender were changed. They each left everything to the other. ''In the event my said husband should predecease me, or should fail to survive the distribution of my estate, then and in the event I give, devise and bequeath all of my property whether real or personal and wherever situate, of which I may die posssessed to my said children as ordered in the ___revocable living trust. Anything that I ay possess not listed in the forementioned living trust shall be distributed in equal shres per stripes and not per capita''
After the first spouse died the second spouse made a new will eliminating children in favor of his sister. All assets were community property and at the time the 1991 wills were made and there was an oral agreement of how the estate would pass. The trust has also been amended to reflect the new will of the survivor eliminating the children.
What recourse do the children have? Is this considered contractural?
2 Answers from Attorneys
Re: Mutual Wills
probably nothing can be done but consult with counsel on details?
Re: Mutual Wills
It depends on certain information not necessarily contained in your question. For instance, what property was in the trust when Mom died? If the family home was in the trust and was provided in the trust to go to the children then perhaps Dad cannot change at least with respect to that half.
Has the sister exerted undue influence on the parent? Why have the children been disinherited?
Depending on the amount of money at stake you may want to pay for a consultation with an attorney to review the documents.
Caleb
www.LEGALWARRIORS.com
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