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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 36940
Experience:  Texas lawyer for 30 years in Estate law
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My husband's 3 sisters took their terminally ill father 3

Customer Question

My husband's 3 sisters took their terminally ill father 3 months before he died to change his trust. My husband was given the family business years before and it was not part of the trust. The sisters convinced their father that their brother had enough, and took him to their lawyer, took their brother out of the trust and out of being the executor of the estate. Originally the trust was to be split equally, 4 ways, and now he is out of it completely.
Does my husband have any legal way to contest this. He worked side by side with his father in the business for 35 years and his dad was his best friend. He knows it's not what his dad wanted because he told him months before he died and my husband knew what was in the original trust. He believes his sisters coerced their dying father at a very vulnerable time and his mind was dying also.
What can he do? Is it legal to change a trust of a dying man 3 months before his death?
Submitted: 12 months ago.
Category: Estate Law
Expert:  RayAnswers replied 12 months ago.

Hi and welcome to JA. I am Ray and will be the expert helping you tonight.

Here the brother can challenge the will and trust based on undue influence and lack of capacity.The father was vulnerable as you state and certainly unduly influenced in this situation.

The brother will need to file a civil suit where probate and the trust are located and challenge to set both aside.If he prevails the laws of intestacy would apply and the proceeds split equally here.

I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.

Expert:  RayAnswers replied 12 months ago.

Probate lawyers here by city with ratings for your brother.

http://www.avvo.com/find-a-lawyer

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