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My mother left a Trust not a Will when
she passed. In the Trust it gives my
sister everything and me 5000.00. We
are both her daughters. The house in
question is the house where I grew up
not my sister she had a house of her
own and still resides there. She is 14
years older than me. Can you contest a
Trust? At the bottom of the Trust it
says I will lose my ‘gift’ the 5000.00
if I contest it.
Asked on April 7, 2017 under Estate Planning, California
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The only grounds to contest it are if you believe that one or more of the following is the case:
1) Your mother was not mentally competent when she created the trust (you'd need medical evidence of this);
2) Your sister in some way coerced (not merely persuaded or encouraged) your mother to make the trust--such as if your mother was essentially a shut in when she made the trust and your sister was her caregiver and/or conduit to the outside world, and used that power (or actual physical threats) to get her to make it.
3) Your sister essentially forged your mother's signature on the trust, so your mother didn't create the trust at all.
There is no grounds to challenge it on its contents or terms--only on how it was created. If it was validly created, it doesn't matter how unfair it is--it will stand.
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