What to do if my sister and I were excluded from our mother’s living Trust?

UPDATED: May 27, 2013

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What to do if my sister and I were excluded from our mother’s living Trust?

This was done in a family meeting by our half brothers and sisters (same mother, different father) around 9 years ago. How can we find out who our mother left our father’s (my sister’s and mines) house to? My only full-blooded sister says it was to my son when he becomes of age; he is now 20 years old.

Asked on May 27, 2013 under Estate Planning, Hawaii

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your mother has every right to exclude you and your sister. Unfortunately, you would need to show that there was undue influence on your mother by your other siblings in order for the court to invalidate the trust. If the trust is invalidated and your mother is now deceased, it will require a review of every asset to determine if it is partiioned evenly among the children, if it goes to one person or falls outside of probate and goes to the named co-owner or beneficiary on the house, the bank account, life insurance and the car.


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