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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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My father has made a living trust. Im one of two children.

Customer Question

My father has made a living trust. Im one of two children. My sister seems to be getting 75% of his estate. How can I contest? He has 4th stage cancer and is declining fast.
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: You see I have Been left out of the loop
JA: Anything else you want the lawyer to know before I connect you?
Customer: Time is of the essence
Submitted: 4 months ago.
Category: Legal
Expert:  INFOLAWYER replied 4 months ago.

Hello and welcome. I am working on your answer and will be right back!

Expert:  INFOLAWYER replied 4 months ago.

You can contest if it was done under fraud, duress, or without mental capacity due to medical illness. would any of those apply?

Customer: replied 4 months ago.
At the time he was under a major amount of pain. But a Lawyer was present, Karen A. Stevenson in LaMirada Ca. so fraud can be ruled out. My father called me @ mid Dec. informing me that myself ,the lawyer, my sister would be sitting down together to make out the trust/will. I was not there when this was done.
Expert:  INFOLAWYER replied 4 months ago.

To prevail, you have to show by medical evidence that it was beyond pain - that he was out of his mind and lacking capacity due to serious mental/emotional condition and inability to make decisions.

Expert:  INFOLAWYER replied 4 months ago.

displeasure with the terms is not enough. You need to show he was not himself based on expert and medical testimony. A lawyer could attempt it and may well prompt a settlement if there are helpful facts.

Expert:  INFOLAWYER replied 4 months ago.

Is that clear and acceptable?

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