Help Wanted

[cmscott]

What is the name of your state? CA

Mother had a heart attack and father just sat there and didn't call an ambulance. Brother came back from town and called 911. Paramedics revived mothers body but she was already brain dead. If father had called 911 she probably would have lived.

Less than 2 weeks after her death father decision was made to change living trust to exclude her child. Brother was from fathers first marriage who received 20K. Remainder of 1M went to fathers sister and her family. Mother died Feb 2001 before the July 2001 California right of survivorship law came into effect. Father passed away Feb 2005.

When mother was living trust was joint between parents as both grantor and grantee with son as heir and successor trustee.

Is there any law that would make mother's portion restorable to her son since father contributed to her death.

Would like a free consultation from a probate attorney in Southern California.


Thanks

 

[seniorjudge]

What is the name of your state? CA

Mother had a heart attack and father just sat there and didn't call an ambulance. Brother came back from town and called 911. Paramedics revived mothers body but she was already brain dead. If father had called 911 she probably would have lived.

Less than 2 weeks after her death father decision was made to change living trust to exclude her child. Brother was from fathers first marriage who received 20K. Remainder of 1M went to fathers sister and her family. Mother died Feb 2001 before the July 2001 California right of survivorship law came into effect. Father passed away Feb 2005.

When mother was living trust was joint between parents as both grantor and grantee with son as heir and successor trustee.

Is there any law that would make mother's portion restorable to her son since father contributed to her death.

Would like a free consultation from a probate attorney in Southern California.


Thanks

Is there any law that would make mother's portion restorable to her son since father contributed to her death.


Based solely on the facts of your post, father did not contribute to mother's death: "Mother had a heart attack and father just sat there and didn't call an ambulance."

 

[cmscott]

Isn't "failure to act" negligence?

 

[Dandy Don]

Your posting is somewhat confusing because it's hard to figure out the players. Are YOU the brother who called 911 or are you a sibling (brother or sister) of the person who called 911?

You (or whoever the interested party is) should be consulting with a physician (or asking your attorney to do so) to find out how negligence or failure to act applies or doesn't apply here. The hard part is trying to prove medically that responsiveness to act would have positively affected the outcome.

A major problem you may have is the statute of limitations. Why did you wait so long to find out anything about this?

A more important issue is that a lawyer needs to be reviewing the trust to see if it is vulnerable to being contested, probably successfully if the older trust (before it was revised/changed) is available. Father probably legally had no right to amend/change a joint trust after the death occurred although he had a right to create his own trust separately.

You may want to post a brief version of your question on www.lawguru.com and if you mention what county applies you will probably get some professional responses from attorneys in your specific area.

DANDY DON IN OKLAHOMA ([email protected])