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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33724
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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Father died on July 21.....Everything in trust (about 3 to 4

Customer Question

Father died on July 21.....Everything in trust (about 3 to 4 million). Step mother still alive (age 96)...She knows no one ...bedridden for over 2 years. There is my sister and I by first marriage and then 4 others by second marriage. It looks like step mother left everything, Then when she dies my sister and I are left 5,000 each. My father has done everything this woman said from way back. My sister and I were abducted at 3 and a half and two and placed with strangers for over 5 months. I've had repressed memory for years. Do not recall sexual abuse but when we were found we had craps in our hair, eyebrows and lashes. At 13 I was molested by step-father and asked my father if I could go to his house. My step mother said no. I think she had something on him. Maybe he was bi-sexual. Anyway can I contest this trust before all is sold. One piece of property was sold in July. Do I have any recourse
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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I am very sorry to hear that you had to endure this type of treatment as you were growing up as no child should have to go through that...

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As to whether you could contest the trust, it would depend on whether father was mentally competent when he initially set the trust up. If he set it up long ago, then there would be the presumption that it was valid unless he was suffering from some type of illness that would have made him legally or medically incompetent at that time.

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Unfortunately, there is no law that states a parent has to leave their children any of their estate if they choose not to do so for whatever reason. So you would have to prove that he was incompetent when he set up the trust in order to have a chance to contest it and have it thrown out.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 1 year ago.
What about the fact he left my sister and I so much less than the others?
Expert:  Barrister replied 1 year ago.

Unfortunately, as I mentioned, a parent has no legal obligation to treat any heirs equally, or even leave them anything if they choose not to. The only time a child has a legal right to inherit is if a parent passes without any estate plan in place (will or trust) as then the state intestacy laws would control who inherits.

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I am sorry that the news isn't better.

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thanks

Barrister