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Revokeable Trust

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GiGi2

Guest
This person coerced his mother into signing a will contest document, under false pretenses.
His lawyer had her signature "notorized" by his employee. The mother later wrote a letter
to the lawyer who prepared the document and claimed that she did not know what the document
was about. That "will" contest was dropped. That was in 95.

Now this person again has named himself in a revokeable trust, as a 95% beneficiary to his 93 year old
aunt (sister of his mother) in 96. I understand that this person is emotionally unstable. Estate estimated at
more than a mil. Possibly 3. A brother and two of his children have not been named as beneficiaries.
5% goes to one of the children of the brother.

What would it take to contest this Trust? $ amount, if possible. What would have to be proven, to even
start the contest? I am hoping for some sage advice! I am not a beneficiary, regardless of outcome.
Hoping for equitable outcome for all.

 


ALawyer

Senior Member
Not knowing the family circumstances or the mental situation of the mother, it seems as if the key issues ares her comptenece and possible duress or undue influence.

It is IMPOSSIBLE to estimate cost. I can see a situation in which some factual research coupled with one letter from an attorney may stop the matter cold and have everyone else back off or there may be a need for a conservator who moves to set aside any papers or a will contest and vigorous litigation which may wind up in the State's Supreme Court.

One thing is CERTAIN. Getting a lawyer involved SOON, WHILE she is alive is FAR MORE LIKELY TO RESULT IN A SUCCESSFUL OUTCOME than suing later.
 

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