Q: I am sole beneficiary/trustee of my feathers will/trust in California. His 82 year old girlfriend of three years

A: She will have to initiate the legal action, but you should retain counsel now, in order to obtain advice as to what steps to take to prepare for court. With the very little information provided, it does appear that she would not prevail, but that does not mean you should take the threat lightly.

A: Under California law, if you are the sole beneficiary and trustee of your father's will and trust, and the documents do not mention his girlfriend, her claim may be challenging to uphold. California recognizes the validity of a will and trust as they are written, unless successfully contested.

The girlfriend's claim, based on an alleged verbal promise, can be difficult to prove, especially without any written documentation. Verbal promises or understandings outside the written will and trust are typically not enforceable in probate court.

However, she might attempt to challenge the trust on grounds such as undue influence or lack of capacity, if she believes these factors played a role. It is important for you to be prepared and have all necessary documentation in order, including evidence of your father's intentions and mental state when he created the documents.

You should consider seeking legal advice to navigate this situation. An attorney with experience in trust and estate law can help you understand your rights and responsibilities as a trustee and defend against any challenges to the trust.