Contesting Survivor Trust

[kaysadea]

What is the name of your state (only U.S. law)? CA

Here's my situation. Several years ago my father died. My mother moved in with my sister, who lives 200 miles away from my brother and me.

I've only recently learned that the original trust created by my father was split into two trusts, known as A and B trusts, or Survivor and Bypass trusts. (I know this is old hat to most of you, but I'm just now getting up to speed.)

I also learned that my mother has named my sister as the sole beneficiary of the A trust, while she still claims an equal share of the B trust. For reasons I'm not going to get into, my sister has more than taken her fair share of the family assets over the years and her pressuring my mother into making her the sole beneficiary of the A trust is just another in a long list of abuses.

What are my chances of contesting the beneficiary status of the A trust? Because I was named in the original trust before it was split, do I have a right to contest the A trust?

 

[tranquility]

What is the name of your state (only U.S. law)? CA

Here's my situation. Several years ago my father died. My mother moved in with my sister, who lives 200 miles away from my brother and me.

I've only recently learned that the original trust created by my father was split into two trusts, known as A and B trusts, or Survivor and Bypass trusts. (I know this is old hat to most of you, but I'm just now getting up to speed.)

I also learned that my mother has named my sister as the sole beneficiary of the A trust, while she still claims an equal share of the B trust. For reasons I'm not going to get into, my sister has more than taken her fair share of the family assets over the years and her pressuring my mother into making her the sole beneficiary of the A trust is just another in a long list of abuses.

What are my chances of contesting the beneficiary status of the A trust? Because I was named in the original trust before it was split, do I have a right to contest the A trust?

Both trusts are not irrevocable, only one is. I assume both parents were in the original trust. On dad's death, it was split into two trusts. One where mom has full control and one where she only has some rights under the trust. Mom can change the one she controls.

On that one, if she changes it, you would have to prove she made the changes against her own will. Either she is incapacitated in some way or sister did things to trick her or otherwise overcome her will.