What to do if my father passed away and our stepmom will not let us see his living trust?

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What to do if my father passed away and our stepmom will not let us see his living trust?

Do we have any rights? My father had been sick when he changed the living trust and did not want to change it but our stepmother was the one who wanted it changed. Shes and her kids are living in his house and not talking to us at all.

Asked on March 14, 2013 under Estate Planning, Arizona

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

You should consult with a probate and estate attorney in your area immediately.  A living trust, like a will, can be challenged on the grounds that someone exerted undue influence on the grantor to change the trust or the grantor lacked capacity to change the trust.  Whether you can win this argument or not, I cannot say.  However, the circumstances sound like you may have claim.  Whether you want to pursue this claim, or let it go, depends on balancing the cost of making the claim against your chances of winning.


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