‘It’s sad that people are so greedy.’ My sister persuaded my father to sell his home and leave her everything — can I fight this?

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A reader asks our Moneyist column: What can I do if my sister persuaded my father to write me out of his living will so I only received $1?

My youngest sister persuaded my father to sell his home and buy her a property with two residences: a small town house for him and a nice four-bedroom house for her and her family. My father recently passed away. We discovered that our sister’s mother-in-law is an attorney. She talked my father into rewriting his living trust so that I and my other sister received $1 each.

The $1 gift was designed to show that you and your other sister were not forgotten, but were purposefully disinherited. If you have witnesses attesting to your sister’s behavior when your father was alive, and doctors who can speak to your father’s health, with the help of a good estate lawyer, you may be able to build a strong case against your sister.

According to Albertson & Davidson, a law firm with offices in California, your chances are acting within the statute of limitations are slim. If your sister waited several months before giving you notice of your $1 gift, you may be in luck. “Once the notice is mailed, the 120-day period begins. The notice provides specific information that must be given to the trust beneficiaries.”

You say you don’t need the money. Could your sister make a case that your father believed she needed help while you and your other sister did not? It seems like you would like to do something about this based on principle and — if your sister did act in a dastardly and/or unethical manner — I assume it’s not the first time she has gotten up to such shenanigans.

 

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