Trust Dispute Legal Guidance

Summary

If you suspect undue influence in a trust change, gather evidence such as medical records, witness statements, and any documentation showing control over the victim. Consult an elder law attorney in Yuba City, California, who may work on a contingency fee basis. Contact the Yuba County Bar Association for referrals. Prepare documents like the original trust, medical records, and communication with involved parties for your consultation. Consider discussing potential elder abuse or legal guardianship if isolation is involved.

Full Conversation

Yvette
Hi Yvette! How can I assist you with your legal issue today?
Im haveing a issue with my parents trust
Hi Yvette! Could you please specify the particular issue you're facing with your parents' trust? Are you dealing with a dispute over the trust terms, distribution of assets, or something else? Your location would also be helpful to give more specific information.
I live in yuba city the day of my dads funeral my sister came and some how got my mom to change the trust but im not sure she did it legally and she is keeping my mom so the my brother and myself can not see or talk to my mother we have no idea to her where abouts or anything
Hi Yvette, I'm sorry to hear about your situation. Here are a few steps you might consider:
- Undue Influence: If you suspect your sister coerced your mother, you may contest the trust changes in court.
- Elder Abuse: Keeping your mother isolated could qualify as elder abuse. Contact Adult Protective Services.
- Legal Guardianship: You might seek legal guardianship of your mother.
Would you like more specific guidance on any of these steps?
Tell me about yhe undue influence
Undue influence occurs when someone exerts excessive pressure on another person to change their legal documents, such as a trust or will. Here are key points:
- Elements of Undue Influence:
- Susceptibility: The victim was vulnerable.
- Opportunity: The influencer had access to the victim.
- Disposition: The influencer intended to exert influence.
- Result: The influence caused a change benefiting the influencer.
- Proving Undue Influence: Requires evidence like medical records, witness statements, and documentation showing the influencer's control over the victim.
Would you like more information on how to contest the trust in court?
Yes
To contest the trust based on undue influence, follow these steps:
- Consult an Attorney: Seek a lawyer specializing in elder law or probate litigation.
- Gather Evidence: Collect medical records, witness statements, and any documentation showing undue influence.
- File a Petition: Submit a petition to the probate court challenging the trust amendment.
Would you like help finding an attorney in your area?
Yes an attorney that will take payment at the end not up front
Hi Yvette, finding an attorney who works on a contingency fee basis (payment at the end) can be helpful. Here are some steps to find one:
- Search for attorneys specializing in elder law or probate litigation in Yuba City.
- Contact local bar associations for referrals.
Would you like more information on how to contact local bar associations or need further guidance?
Yes
Hi Yvette, to find an attorney who works on a contingency fee basis, you can contact:

Yuba County Bar Association~
Phone: (*) *-*
Website: yubacountybar.org


Would you like any further guidance or information on this matter?
Yes
Hi Yvette, I'm glad to provide further guidance. Here are additional steps:
- Initial Consultation: When you contact the Yuba County Bar Association, ask for attorneys who provide free initial consultations and work on a contingency fee basis.
- Document Preparation: Prepare all documentation and evidence you have before meeting with an attorney.
Would you like more information on what documents might be helpful to bring to your consultation?
Yes
Hi Yvette, for your consultation with the attorney, consider bringing the following documents:
- The original trust document and any amendments.
- Medical records of your mother showing her mental state.
- Any communication (emails, texts) with your sister about the trust.
- Witness statements from those who might have observed undue influence.
- Any evidence of your mother's isolation.
Would you like more information on these documents?
Thank u
You're welcome, Yvette. It sounds like you're on the right path. Gathering those documents and seeking legal advice should help you address the issue effectively. If you have any further questions or need more information in the future, feel free to reach out. Good luck!