Trust & Estate Litigation Attorney in San Mateo, California

Trust Litigation

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Well, we had a client come to us uh in a
situation where her father had clearly
wanted her to inherit his estate, and
that had been the case for many years,
and he had a trust that said she would
inherit his estate. But in the two or
three years before his death, a
caregiver of his had started to
influence him in a way that we viewed as
inappropriate. and she created a
situation where she as his paid
caregiver was to receive all of the
assets of his trust and she obtained an
amendment to the trust uh that gave her
everything and gave some of it also to
her son. So we filed what’s called a
trust contest. We asserted to the court
that this trust was not actually what
the deedent wanted. Uh that he did not
want to give everything to his caregiver
and that he had been manipulated to do
so. And we prepared that case for trial.
We moved forward also with trying to
resolve it and ultimately the caregiver
gave up. She transferred everything back
to our client and so our client, the
daughter of the deedent, received all of
the assets of his trust.

San Mateo, CA estates & probate lawyer Jeffrey Loew talks about a memorable case involving trust litigation. He mentions that Trust Law Partners LLP represented a client whose father had long intended for her to inherit his estate, as reflected in his trust. However, in the two to three years before his death, his paid caregiver began to exert undue influence over him. During this period, the caregiver arranged for an amendment to the trust that redirected all assets to herself and a portion to her son, effectively disinheriting the client.

The firm filed a trust contest, arguing that the amended trust did not reflect the decedent’s true intentions and was the product of manipulation. The case was prepared for trial while settlement efforts were pursued in parallel. Ultimately, the caregiver conceded and transferred all assets back to the client, restoring the estate to the decedent’s daughter as originally intended.

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