can our disabled son challenge a trust his father set up

UPDATED: Oct 1, 2022

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can our disabled son challenge a trust his father set up

My ex always told our disabled son that he was leaving everything, including his house, money to him. that he could keep the house or sell it. that there would be enough money to pay it off. now he has set up a trust administered by his new girlfriend of a few months. if our son wants money he would have to ask her. and she gets the house. is there anything my son can do to challenge this?

Asked on February 15, 2018 under Estate Planning, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is most likely nothing your son can do. Your ex had no obligation to leave anything to your son: he could have given all his money away, set up a trust for another person, left the money to a girlfriend or charity, etc. His leaving or giving anything to your son is voluntary on his part (anything he said to your son or to you prevously is irrelevant: the law does not enforce oral promises, or even written promises like this that are not in a trust or a will). Since it is voluntary on his part to leave or give anything to your son, he is free to decide how much to leave or give him, and how. He has the legal right to set up a trust like this.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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