San Francisco, CA asked in Contracts, Estate Planning and Probate for California

Q: Contract releasing interest in My mothers estate

My mother died my father said her trust had disinherited me I asked him for proof of this and he said I was not entitled to see it. He then produced a a contract offering a $10000 payout and a monthly payment of $2400 for the remainder of his life if I make no claims against her trust estate or anything as well as no legal action against him. Now if I was in fact entitled to review her trust as a heir or the fact that in California I can contest being disinherited can I petition the court to ask that my father produce the trust documents with me breaching the contract I signed, for the reason that I was deceptively Mislead into making a decision without information I was entitled to that had a strong influence on that decision to sign the contract or not.

1 Lawyer Answer
Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in California

A: You WERE entitled to see the trust and you should have pursued that at the time. That said, because facts were actively concealed from you , yes, you might be able to get your agreement set aside and take whatever was owed you under the trust instead. Contact a local trust litigation attorney for assistance

Gerald Barry Dorfman agrees with this answer

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