You have suffered one of the worst losses imaginable. No parent should ever have to bury a child. Yet, a tragic accident or horrible illness took the life of your child and left your family devastated. As you grieve, you are confronted with the terms of the estate plan that your child had developed, and you are concerned not only about the financial decisions that were made, but also about the guardianship of your grandchildren. How do you go about defending your grandparent rights?
What Rights Do You Have as a Grandparent?
Generally, if your child’s will and estate plan were created according to California law and are found to be legally binding, there may not be much you can do to change them. It is likely you will have to respect the decisions that your child made and find a way to live with your child’s choices.
However, if you believe that your child’s will or estate plan was created with undue influence by a third party or your child did not have the mental capacity to create a will or estate plan, you may be able to challenge the will and estate plan.
You Are in a Difficult Situation
You want what is best for your grandchildren and for your whole family, but you may not have the legal authority to change the terms of your child’s will and other estate planning documents. We encourage you to find out more about your rights by reading our related links and subscribing to our free newsletter for regular updates on topics that may be of interest to you.