Q: I have a pending case against my sister for undue influence, breach of fiduciary…… I want to withdraw all causes of
My dad’s share of estate became irrevocable in 2004 when he passed away. Thru undue influence my sister took mom to an attorney formed a new trust transferred the entire estate (including dad’s share) and then disinherited me. Can I file an 850 to bring dad’s share back into the trust?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A: Yes, you may be able to file a petition under California Probate Code section 850 to bring your father's share of the estate back into the trust. Section 850 allows interested parties to petition the court to modify or correct a trust or other instrument that is the product of mistake, inadvertence, fraud, or undue influence. In this case, you would need to demonstrate that the transfer of your father's share of the estate was the result of undue influence exerted by your sister and therefore should be set aside. It is recommended that you consult with an experienced attorney who can provide you with guidance on the specific circumstances of your case and advise you on the best course of action.
1 user found this answer helpful
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.
