QUESTION

can last surviving adult child heir ignore living trust and make new will?

Asked on Nov 21st, 2013 on Trusts and Estates - California
More details to this question:
Living trust states that 'all' granchildren are beneficiaries of trustor/grantor's trust which includes one house. Trustor/grantor died years ago, now one of two brothers died and surviving brother took house out of trust and made up new will which leaves out his brother's two children. Anything we can do to stop him?
Report Abuse

2 ANSWERS

Taxation Attorney serving Santa Monica, CA at Lyster, Inc.
Update Your Profile
I assume that the surviving brother was the successor trustee and was able to deed the property to himself.  I also assume that the trust did not give the house to whichever brother died last, and that the trust had no "powers of appointment" that could be exercised in favor of specific grandchildren.  If my assumptions are correct, it sounds like you have a breach of trust by the surviving brother in his fiduciary capacity as trustee.  This wrongful conduct can be the subject of a petition to the probate court in the county in which the surviving brother lives (where the trust is being administered).
Answered on Nov 22nd, 2013 at 12:45 AM

Report Abuse
The only person who can make a will is the one for whom it is for.  Another person cannot create a new will for a deceased person or for a person who is 'not of sound mind'. If there is a valid living trust that states how the assets should be distributed, those directions must be followed. It sounds like you have a 'contested trust' matter and need the help of an attorney who handles contested matters.  I would suggest that you discuss this matter with an experienced estate planning attorney who handles contested trusts.
Answered on Nov 21st, 2013 at 3:25 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters