Okemos, MI asked in Estate Planning and Probate for Michigan

Q: I have 2. Can I sue my step father, he had my Mom sign a Trust last summer before she died, leaving him everything.

My sister, and my Mom's brother, truly believe my Mom was coerced because we knew her, and too many things went against her known wishes. Still is. He is easily a multi millionaire, and my Mother told my sister and I repeatedly what she wanted us to have. Most pre-him coming into our lives. He also alienated me from my Mom for 8 years, and made it so we couldn't see each other. But we spoke every single week. Do I have recourse there either?

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Estate Planning Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: Possibly, but it's a longshot. You would need to establish the wrongdoing, which won't be easy. To compound the problem, even if you successfully challenge the validity of the trust, negating the terms of the trust, your mom was still married to this man and he would then be eligible to receive just about everything she had as the spouse, so you might end up in the same or worse position after a lot of time and money spent.

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