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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 37054
Experience:  Texas lawyer for 30 years in Estate law
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My mom past away they had her renew her trust we were remodling

Customer Question

my mom past away they had her renew her trust we were remodling a property i did all the labor paid for half the materials she got sick they opened her up found canser aii over her insides tumer blocking small intestines had tocut small intestines saw back together gave her 3 to 8 weeks to live she was on moraphime i am her closet relative we lived together in this house for ten year i have put over 150,000 dollars in materials and labor we where really close she always said i would get my half of the house now i find out im not getting any part of the house the trusty was one of my mom friends for a long time so she got house free and clear of trust my mom secrtary got two house free aqnd clear of trust but me and my sister get proceeds from too house one being the one i live wright now which has hardly any equity but the other one is paid for which the rent takes care of the one i live in and the trusty said i need to move out so then after 15 years she has to sell house and all proceeds go to her favorite charites what can i do to get my half of property this also means when im 70 years old i wont have ahouse that i was told i would have when my mom was sick she was mad at me she hated my girl friend my mom always said she was a gold digger and wasnt getinganything of hers i have some of my moms closes friend who have told me this she also said to them that i was to get my half of the house .
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
Here you can file a trust contest much like a will contest.
It i s very possible that there was undue influence and a lack of capacity since your mother was on the meds and in and out here.
The court has the ability to disallow any trust or amendment done under such circumstances.The lawyer would seek an injunction to prevent you having to move and try to contest all.
You may well have good facts to disallow the trust and to revert to the original trust prior to change.This is way more than a renewal here it was a complete change and out of character for her.You may well challenge here in California on such grounds.
You can locate a trust lawyer here to contest..
http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx
California law that allows for such a trust contest..
http://www.elder-law-advocate.com/trust-contests-litigation
I appreciate the chance to help you today.Please let me know if you have more follow up.
If you can leave a positive rating when we are done it is always much appreciated.
Have a great Memorial Weekend.
Customer: replied 1 year ago.
thank you very much for the information I will be looking into it with the lawyer
Expert:  RayAnswers replied 1 year ago.
It was my pleasure.
JA will email you our chat when you positive rate.