Removed From Trust Before Death: What Are My Rights?

My Mom Changed Her Trust Shortly Before She Died and Removed Me as a Beneficiary, What Are My Rights?

By Attorney Paul Hanks of Ironclad Living Trusts California 

Later in life changes to a living trust often draw more scrutiny. There is a greater likelihood of a challenge being brought to a trust when the trust creator made changes shortly before their death. If a trust was changed when the trust creator was not of sound mind, then a lawsuit can be filed to challenge the legality of those changes.

In another article I discussed the many legal grounds in California for challenging a will or trust. This current blog addresses the more specific scenario of a trust that is changed in the later stages of a person’s life.

Merely because an individual changes their trust when they are very old is not an automatic ground for challenging the trust. If the individual changing their trust did so of their own clear mind and was not pressured or influenced to do so, then that individual is free to change their trust.

However there are many other cases where the individual changing their trust did not do so of their own free will. In my many years of experience litigating cases in court, a common scenario I have often encountered involves an adult child instigating an older parent of frail and failing mind to change their trust.

California law requires that a person executing a trust or an amendment to that trust have the capacity to do so. The individual must be of strong mind and have clarity of thought. The individual also must be acting under their own free will without the undue influence of another. As they age, the elderly often become easily prone to the suggestion of another. Sadly many opportunistic individuals will prey on the elderly and take advantage of their vulnerability.

If you become aware of the manipulation of an elder to change their trust or will, there are powerful laws that provide a remedy. If you have been removed as an estate beneficiary and there is a question of fraud you have rights to pursue the matter in court. Upon an evidentiary showing of a lack of testamentary capacity the court can invalidate the changes made to a trust.

In order to support your case you would need supporting evidence from a number of sources. The statements of witnesses would be important to prove the weakening state of mind of the elder abuse victim. Medical records would be important to obtain to show the elderly person’s state of diminished health and cognitive decline. An elderly person who suffers from mental impairment may have a record of treatment for dementia or Alzheimer’s disease.

The laws regarding elder financial abuse and lack of capacity are complex. A law firm should be consulted for a thorough case evaluation.

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