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What can I do about two siblings who through undue influence changed my mother's will to favor them?

Toluca Lake, CA |

This has gone on for three years since my mother passed away. Our attorney did not file for a revoking of the false trust they made and had my 91 year old mother sign. After she died, they sold all her belonging, the three of her children have no memories, pictures, nothing. Now they are seeking 80% of her estate, using my mother's estate as a legal fund to secure what they put in the trust for themselves.
There was a court ordered evaluation of my mother by a court appointed doctor and he and her court ordered attorney deemed here unfit mental and physically of making any proper and said she was unduly influenced. We need an attorney to take this on, that knows the law and how to make them pay legally for all they have done to the family and to our parents estate.

Attorney Answers 4

Posted

Im in Tarzana and would be happy to help. I live around the corner from you in Colfax Meadows.

What has gone on for three years? Was the will offered for probate? Did you object? Was the trust provided to you with notice under 16061.7, when? These are important because there may be bars to your fighting now. That said, financial elder abuse is a four year statute and you may be able to go under that but you have to act. The fact that you wait 3 years will have to be explained to the court.

It sounds like there were conservatorship proceedings. The Orders from that will need to be reviewed as well as the timing of the conservatorship and the Will. Even with a conservatorship, someone can still have testamentary capacity.

Act quickly. There are many competent lawyers on AVVO and throughout LA and the Valley that can help you.

The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.

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Posted

There are many excellent probate litigation attorneys in CA who are very active participants on Avvo. There is also a "find a lawyer" feature, above and below, that allows you to find a lawyer in your particular area of law and location. To be clear, you need a lawyer in the county and state where your mother resided at the time of her death. You have already waited a long time on this, so I would suggest that you see someone as soon as possible.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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Posted

It sounds like you're close to Attorney Shultz, and I agree that you should contact an attorney ASAP so he can ask you the relevant questions to give you a more informed answer than is possible here.

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Posted

I am sorry that you waited this long and that this has been messed up. You need to hire an attorney to get this done for you. My office can handle this matter.

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