Q: Need to contest step-mother's petition for order determining title to my dad's Schwab account as a trust asset.
My dad's 2nd wife is suing for title to my recently deceased father's Schwab account which has over $200k. She says he "intended for the schwab account to be a trust asset." I am looking to see if I have a case or can make a stand saying that my father's intention was for the Schwab account to go to his children (3), and if he intended for it to be in the trust, it WOULD have been in the trust. I believe she used undue influence and excessive persuasion to get him to change his pre-existing Will, which had his children inheriting items on his death, into a Trust where wif that I know my father wanted me to have certain things, yet his wife, the executor of the will, has blocked me from everything including the items he wanted me to have in his house & office. She lied & defamed me to my father, resulting in my not being able to see him before he died, or get any of the things he wanted me to have.
A:
Well, you might want to hire an attorney with that much at stake. However if he wrote a will and left you out, it's very difficult to show undue influence unless he also excluded 2nd wife, all other family members, and even then it's not easy.
Focus on what is.But talk to a lawyer.At least get a consultation from someone who does estate law (not wills, but estate litigation).
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