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Challenge the amendment of a trust
Clients are two of three children of a woman who died in 2007. In 1994 the decedent prepared a trust that sought to evenly divide certain bank and brokerage accounts equally among the three children. In 2006, the decedent amended the trust to leave all of the accounts to the third child (son), who had been managing the decedent’s finances. After the decedent died the clients learned of this amendment and sued their brother, claiming that he had used undue influence to cause his mother to change her estate plan.
Result: Case settled prior to the taking of any depositions, with clients receiving approximately 60 percent of the amount in the trust as of the decedent’s death.