Oakland, CA asked in Estate Planning and Real Estate Law for California

Q: There was a trust (by Grandma) that if Son passes away before the age of 60 all of the property goes to grandchildren.->

(Because the Son's wife married just for money). But then somehow the trust was discharged and all given to the Son prematurely, prior to instructions given in the trust. (No idea how that happened legally) Well the son passed away before 60 with no Will and now the Son's wife is reaping all the benefits of the property. Selling off family heirlooms and is now selling both homes where she will receive 1/3 of all of the funds. Is there anyway to reverse this?

1 Lawyer Answer
Julie King
Julie King
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: If a parent leaves assets to his or her children, the in-laws are generally not included. So, unless the daughter-in-law is specifically listed in the trust or will, she shouldn’t get a cent. You should IMMEDIATELY hire a lawyer to help stop the bleeding.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.