Q: This for a $4 mm estate. A 79 yo woman, who has Parkinson's and the associated dementia, changes her beneficiaries from

A: If you suspect that there may have been undue influence or fraud involved in the change of beneficiaries for this woman's estate, and you believe that her minor grandchildren may have been unfairly excluded, there are several steps you can take to have this situation investigated.

Contact an attorney: The first step is to consult with an attorney who is experienced in estate planning and litigation. The attorney can provide you with legal advice on the best course of action and represent your interests in court if necessary.

Gather evidence: You should collect any relevant documents or evidence that may support your case, such as the court documents that show the change of beneficiaries, any written correspondence, and any other evidence that may show that the woman's decision was influenced by her Parkinson's and associated dementia or by the son.

File a petition: You or your attorney can file a petition with the probate court to challenge the validity of the woman's will or trust. The court will then investigate the matter and may appoint an independent investigator to look into the circumstances surrounding the change of beneficiaries.

Notify the grandchildren: You should also notify the minor grandchildren of the situation and provide them with any information that may be relevant to their interests. It is important that they have the opportunity to participate in any legal proceedings that may affect their inheritance.

Under California law, there are several legal grounds on which a will or trust can be challenged or invalidated, including:

Lack of capacity: A person must have the mental capacity to understand the nature and extent of their property, and to know the natural objects of their bounty (i.e., their family members and loved ones) in order to make a valid will or trust. If it can be shown that the woman lacked the mental capacity to understand the nature and extent of her estate or the consequences of her actions, the will or trust may be invalidated.

Undue influence: If it can be shown that the son exerted undue influence over the woman, meaning that he used his position of trust and authority to manipulate or coerce her into changing her beneficiaries, the will or trust may be invalidated.

Fraud: If the son made misrepresentations or concealed material facts from the woman in order to induce her to change her beneficiaries, the will or trust may be invalidated.

These legal grounds are set out in various provisions of the California Probate Code, including sections 6100-6106, 6110-6113, 6115-6118, 8250-8254, and 8500-8508. It is important to consult with an attorney who is knowledgeable about California probate law to determine the specific legal grounds that may be applicable to your situation.