Legal Question in Wills and Trusts in Pennsylvania
interpretation of pretermitted
My husband died suddenly on October 1st, leaving one child, our two-month
old son. Thirty three days later, his father died of pancreatic cancer at his
duahgter's house. She was acting as his primary care giver rather than him
being in a hospital. She was administering all his meds, including his
morphine.
My father in-law's living trust stated, since it's inception in 1987, that all
assets be divided equally, per stirpes, among his four children and named
them. (Their mother is long deceased). I am now told that on October 18th,
he signed a piece of paper that says ''all remaining assets are to be divided
among my surviving children'' no specific names, but that it means that my
husbands and my child does not inherit his share.
Of course I beleive this is undue influence on the part of my sister-in-law,
but that is a difficult thing to prove. Do I have a case based on the
pretermitted notion (that the baby was ''forgotten''), or is the term ''surviving
children'' sufficient to uphold her claim that my son is disnherited?
1 Answer from Attorneys
Re: interpretation of pretermitted
This will really depend on what the "piece of paper" was that he signed. It would have to formally amend the living trust in order to supersede the terms of that document.
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