conesting trust fund question ??

Question

my Grandfather died last night leaving his 1.5 million dollar trust to his three children,my father,uncle and aunt.It is comprised mainly in farm ground of aprx 325 acres.My uncle and aunt may do as they wish with their inheritance but my father is supposed to be unable to sell any property but may only receive payments from a share cropper which should give my father aprx $25k per year,when he dies the trust fund says the land goes to his surviving 7 children and we may sell it or do what we wish.My father seeks to contest this on the grounds that when my grandmother was alive (she died 14 years ago) that she signed a 5 x 8 card that my father wrote out stating that she owned half of the property and her wishes are that my father could sell the property,this was aprx 1 week after my grandfather had written the trust fund up and my father did not contest anything then or when my grandmother passed away so it has been in place at least 14 yrs.dad wants to drill for oil grandpa said no

Answer 1

Tell dad to read the trust doc carefully...sometimes there is a clause that says if you try to contest the wishes of the deceased you will be disinherited.

Answer 2

First thought is that, while you G'mother owned a 50% undivided interest in the land, when she died the land passed to your G'father. I would also guess somewhere is a will that has a contest clause that could cost your father all of his interest. Your dad need to consult an attorney and take direction from him/her. It sounds like your G'father did not want him drilling. Seek legal advice. Trust and Wills is a specialty and not just any lawyer will do the job right.

Answer 3

Something signed by your grandmother 14 years ago on a 5x8 card will probably not be seen as a legal document when it conflicts with a notarized will. It sounds like your father and grandfather disagreed on how the land should be used and this brought about the designation in the will.

Answer 4

You can present the card to an attorney for an explanation on it's legality. I really doubt if it will hold up. The exception in the will concerning others being able to do what they want with the land, while your Father is restrained, may be grounds to change the outcome. Don't be too hopeful.

Answer 5

Your grandmother predeceased your grandfather... and therefore if the land was in joint ownership at the time of her death it became your grandfather's property to do with as he likes regardless of her wishes. Her will -or a notecard what have you- can't direct what is to be done with another person's property. You will need to find out how the deed reads.

Seems your grandpa set it up to protect the land intentionally because he apparently knew what your dad's plans were and didn't like them.

Answer 6

I think the only way this can be contested is if this 3x5 card has been notarized and signed by a witnessing party. Otherwise it's just a signature on a card.

If your grandmother's wishes were notarized, then your father has a case.

Answer 7

Get a lawyer.

Answer 8

May or may not be possible. You will need a lawyer.