What to do if my mother is getting cheated by her deceased husband’s children?

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What to do if my mother is getting cheated by her deceased husband’s children?

My stepfather signed a Will so that my mother was split his assets with the children in the family. The children state that what was signed iwas a “living trust” and as he was suffering from dementia, it does not count. However my mother was also declared the executor of his estate in this Will. The children have now sold his house and are refusing to give my mother anything. I would assume this is a valid legal case. Should my mither get an attorney?

Asked on April 7, 2012 under Estate Planning, California

Answers:

Steven Fromm / Steven J Fromm & Associates, P.C.

Answered 9 years ago | Contributor

Come on here.  Why have you not gotten an estate litigation to assist you.  You have some real legal problems here and why would you assume it is "a valid legal case."  Lawyer up immediately!

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for her loss and for the issues that have come up.  Yes, she should indeed get an attorney. You have many issues here.  First, only a court can inalidate a trust or legal document under the claim of incompetancy.  The document would need to be set aside.  If the house was jointly owned then she owned it outright on his death.  How the assets were held matters here.  Good luck. 


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