Riverview, FL asked in Estate Planning for Arizona

Q: My dads significant other, not married, showd copy of trust disinheriting biokogical children and now she is acting ...

against his wishes. keeping his remains and estate. trust is not even two months old

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2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in Arizona

A: How do you know that was not his wishes? Is it not possible that he knew he did not have much longer to live and took action (e.g., creating and funding a trust) to ensure that his estate would be distributed according to his wishes.

It is theoretically possible to overturn an estate plan, but it involves litigation and you would have to produce really strong evidence of either lack of capacity or undue influence or both.

Ilene L McCauley
Ilene L McCauley
Answered
  • Estate Planning Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: I would strongly urge you to contact an attorney who specializes in Trust litigation in Arizona to discuss the circumstances. I know this is deeply troubling. You are entitled to have answers to these questions.

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