What is the name of your state?What is the name of your state? California
Facts:
- 87 year old man with moderate/mid stage Alzheimer's, still OK with his daily routine but doesn't quite understand complex things due to his deteriorating condition)
- Had 2 daughters and 1 son
- 1 daughter passed away 2 years ago at 56 years of age. Such daughter has/had 3 children.
- 87 year old man had no will nor trust until recently, when the two living children made him sign a will and trust (after his daughter died).
- Even though he did not have a will nor trust before, his bank accounts had all 3 of his children listed as beneficiaries, showing that he always thought of splitting up everything evenly within all 3 children.
Questions:
- Are the 3 grandchildren (from deceased daughter) entitled to a third of his estate? The new trust/will does not include them nor does it list their deceased mother as a beneficiary. The trust only lists the 2 living children as beneficiaries (50/50), but the 87 year old man did not really understand what he did or what he signed (due to his Alzheimer’s and due to the fact that he does not speak English)... Do the grandchildren have a basis to fight for something? They are upset because their mother was the one who actually took care of their grandfather for 15 years (living with them and all 3 grandchildren) after their grandmother died. And one of the grandchildren still looks after him more than anyone else.
Without the trust and new will, the grandchildren would have gotten something automatically.
Thanks
Facts:
- 87 year old man with moderate/mid stage Alzheimer's, still OK with his daily routine but doesn't quite understand complex things due to his deteriorating condition)
- Had 2 daughters and 1 son
- 1 daughter passed away 2 years ago at 56 years of age. Such daughter has/had 3 children.
- 87 year old man had no will nor trust until recently, when the two living children made him sign a will and trust (after his daughter died).
- Even though he did not have a will nor trust before, his bank accounts had all 3 of his children listed as beneficiaries, showing that he always thought of splitting up everything evenly within all 3 children.
Questions:
- Are the 3 grandchildren (from deceased daughter) entitled to a third of his estate? The new trust/will does not include them nor does it list their deceased mother as a beneficiary. The trust only lists the 2 living children as beneficiaries (50/50), but the 87 year old man did not really understand what he did or what he signed (due to his Alzheimer’s and due to the fact that he does not speak English)... Do the grandchildren have a basis to fight for something? They are upset because their mother was the one who actually took care of their grandfather for 15 years (living with them and all 3 grandchildren) after their grandmother died. And one of the grandchildren still looks after him more than anyone else.
Without the trust and new will, the grandchildren would have gotten something automatically.
Thanks
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