Legal Question in Wills and Trusts in California

What does the phrase "void nullify or set aside any provisions mean. What exactly are "provisions" in a will? My brother took my moms wedding ring while she was bed ridden with alheimers a few days before she died. At that time he Said he put it away. 3 days after she died he tells us that my incapacitated mom gave the ring to his ex-wife (the mother of his children). He is the trustee of her estate.


Asked on 1/20/10, 2:25 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

It means that if a beneficiary contests the will or trust by seeking to void, nullify, or set aside a provision of the document, any gift left in the will/trust to the beneficiary would be passed to others as if the beneficiary had predeceased the testator/trustor. However, if you're contesting what your brother did, that might not be considered a will or trust contest, but rather a breach of fiduciary duty to you and the other beneficiaries because of the wrongful taking of the ring.

While I understand its sentimental value, it might not be worth the cost in legal fees to litigate about it, nor the discord in your family that it would incite at this difficult time.

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Answered on 1/25/10, 2:43 pm
Daniel Bakondi The Law Office of Daniel Bakondi

It sounds like the will may be contested, and you should have legal representation, especially if you may be due something else under the will.

Best,

Daniel Bakondi, Esq. [email protected] 415-450-0424

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Answered on 1/25/10, 5:45 pm


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