Trust question

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astradriver36

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My late grandmother established a trust immediately when she found out she had terminal cancer. The trust left her estate to my Uncle (her son) my mother (her daughter) my brother and myself. The trust split the estate 4 ways and upon her death the estate would be equally ran by all with my uncle being the executor. The trust was established by an attorney before my grandmother received any treatments or pain medications. She was of sound mind and everyone agreed with the trust.
Several months later, my estranged mother, who cared part time for my grandmother, manipulated my grandmother into changing the trust again shortly before she passed away. My brother and I were disinherited. We have proof my grandmother was on serious pain meds when she changed the trust. So my question is, do my brother and I have any legal recourse? My uncle, who is still the executor, disagreed with my estranged mother on the decision to remove my brother an I off the trust. We know she (my grandmother) really wasn't in a state of sound mind.
Second question: The trust as it reads now has my uncle as executor and my estranged mother as the other benefactor. My uncle wants my brother and I back on the trust. Does he need my mother's approval to do so? Or can he have us put back on because he's the executor of the trust?
Thank you.
 
My late grandmother established a trust immediately when she found out she had terminal cancer. The trust left her estate to my Uncle (her son) my mother (her daughter) my brother and myself. The trust split the estate 4 ways and upon her death the estate would be equally ran by all with my uncle being the executor. The trust was established by an attorney before my grandmother received any treatments or pain medications. She was of sound mind and everyone agreed with the trust.
Several months later, my estranged mother, who cared part time for my grandmother, manipulated my grandmother into changing the trust again shortly before she passed away. My brother and I were disinherited. We have proof my grandmother was on serious pain meds when she changed the trust. So my question is, do my brother and I have any legal recourse? My uncle, who is still the executor, disagreed with my estranged mother on the decision to remove my brother an I off the trust. We know she (my grandmother) really wasn't in a state of sound mind.
Second question: The trust as it reads now has my uncle as executor and my estranged mother as the other benefactor. My uncle wants my brother and I back on the trust. Does he need my mother's approval to do so? Or can he have us put back on because he's the executor of the trust?
Thank you.


You can challenge the will in court.
From what you say, I doubt that you would prevail.
Talk to a couple of local attorneys, and see what they have to say.
Then proceed accordingly.
The initial consultation is normally free.
You should have enough information after the first meeting in order to determine your next steps.

Your uncle can't give away any part of the estate he doesn't own.
He can give you and his brother a portion of his half, however.
As far as your mother's half, he can't apportion any of that.
 
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