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  1. #1
    Oapplin is offline Junior Member
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    Can you contest a living will/trust

    What is the name of your state?What is the name of your state?Ca
    My Grandmother recently passed away. Her estate was worth about 1.5 million. She had a living trust made up in 97 in which she left 90% of her estate to my father and I as the trustees of her estate. My father has one sister and there are ten other grandchildren which are left small sums or nothing at all. My grandmother had her reasons for doing this and was competent when she made the will. Ofcourse, now there are members of the family that are upset. Is there anything they can do to nulify the will and take it to probate?
  2. #2
    seniorjudge Guest
    Quote Originally Posted by Oapplin
    What is the name of your state?What is the name of your state?Ca
    My Grandmother recently passed away. Her estate was worth about 1.5 million. She had a living trust made up in 97 in which she left 90% of her estate to my father and I as the trustees of her estate. My father has one sister and there are ten other grandchildren which are left small sums or nothing at all. My grandmother had her reasons for doing this and was competent when she made the will. Ofcourse, now there are members of the family that are upset. Is there anything they can do to nulify the will and take it to probate?
    A "living will" is a durable power of attorney, ususally for healthcare purposes; it expires with the person who made it.

    You say "nullify the will and take it to probate." That makes no sense. If there is a will, it must be probated or will be nullified. Was the trust set up in the will, i.e., a testamentary trust, or did grandma set up a living trust?

    In any event, if grandma was competent in 1997 and, 8 years later she dies while she is competent without having modified the trust all that time, then I would say you certainly have a strong case for proving that the trust is valid. The longer it remains in effect while the person making it is competent, the greater the likelihood is that it cannot be broken.

    You need to hope that the trust was exceptionally well-written.

    This much money (as you know) attracts those who think they are owed something just for breathing.

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