can our disabled son challenge a trust his father set up

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can our disabled son challenge a trust his father set up

My ex always told our disabled son that he was leaving everything, including his house, money to him. that he could keep the house or sell it. that there would be enough money to pay it off. now he has set up a trust administered by his new girlfriend of a few months. if our son wants money he would have to ask her. and she gets the house. is there anything my son can do to challenge this?

Asked on February 15, 2018 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is most likely nothing your son can do. Your ex had no obligation to leave anything to your son: he could have given all his money away, set up a trust for another person, left the money to a girlfriend or charity, etc. His leaving or giving anything to your son is voluntary on his part (anything he said to your son or to you prevously is irrelevant: the law does not enforce oral promises, or even written promises like this that are not in a trust or a will). Since it is voluntary on his part to leave or give anything to your son, he is free to decide how much to leave or give him, and how. He has the legal right to set up a trust like this.


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