Legal Question in Wills and Trusts in China

Hello,

I don't wish to sound insensitive, but the fact of the matter is my grandparents are sick and nearing their "time", and the issue of inheritance has come into the spotlight. I care for them on an emotional level and there are many other issues such as their health and happiness to consider, but I also believe that this issue should be addressed.

Recently, some of their distant cousins came onto the scene and cared for them in the hospital for a few days. I appreciate what they did for them, but now they are demanding 80-100% of the inheritance, which I think is highly unreasonable. They have only very recently been involved with the family, and I don't believe their actions warrant such a request. I would certainly be glad to compensate them for the time they have given thus far, but I think in no way do they deserve even close to what they are asking. I am a direct descendant that has been with them their whole life, while the cousins have only come very recently and done relatively little.

The problem is, my grandparents are somewhat less lucid at this point, so the issue isn't as clear-cut to them. They are actually considering signing over such an amount to the cousins.

My question is, is there any law that could prevent the cousins from receiving what I consider to be an exorbitant amount, or any law that could sway my grandparents hand to sign over at least the majority to me. I am their only living direct descendant and have been with them for most of my life.

Thank you,

Andrew


Asked on 1/03/11, 4:07 pm

1 Answer from Attorneys

A few questions would need to be answered. Do your grandparents currently have a will or other testamentary plan? Are they currently in the US?

If you don't believe your grandparents to be lucid, you could challenge the will (if there is one) during probate.

Perhaps you should contact an attorney so that you may discuss the full fact pattern with a professional. Feel free to contact my office if you like.

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Answered on 1/04/11, 6:29 am


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