Legal Question in Wills and Trusts in California

After my fathers death in October 2013 I was my moms caregiver. My mom suffered from bi-polar disorder and schizophrenia. My mom was diagnosed with stage four cancer and died in my arms at her home a week later. My sister has lived in Oregon for the past 20 years but when my mom passed she moved into our family home. I was disabled by my moms death and depression and grief consumed me for months. In October my sister and I went to a Probate Lawyer because my mom did not leave a will....or so I was led to believe. I had enough of my sisters alcoholic husband one day and told him I did not like him and preferred it if he would not speak to me. A week later my sister produces a holographic will that gives her everything. It was dated in 2007. I had given my moms journals to my sister to read because I thought it would help her forgive our mother and better understand why she was at times very cruel. My sister had these journals which numbered 20 or so written on every type of paper you can imagine before she produced this will 2 1/2 months after my moms death. We are in court needless to say and I have the worst lawyer and have paid close to 10k. My Aunt who spoke with my mom daily knows what my moms wishes were which was 50/50 My sister has received loans and liens have been placed on the property. She has sold a good portion of my moms belongings and we are still in the middle of probate. My lawyer says I don't have a chance in hell.... I hope he is wrong. I love my sister but am very hurt by her actions when she knows better. My sister is not the executor or the administrator. She is getting ready to move to Washington. She has a criminal record which includes Welfare Fraud. Insurance Fraud. Perjury. and Grand Theft. I am afraid of what she has up her sleeve. Please help me I could really use some advice and I am looking for an attorney in Orange County Ca,


Asked on 9/18/15, 2:17 am

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

I am sorry to hear about your situation.

It appears that you need a second opinion, and possibly to change attorneys. No one on a public forum can advise you without reviewing the will, any discovery that has been done in the probate litigation, and whatever evidence you have as to the will being forged, ot the subject of undue influence. Indeed, you do not want to receive advice on a public forum, since it is not confidential.

You need to start contacting attorneys who handle probate matters. You can look here on LawGuru, you can contact the Orange County Bar Association for a referral panel, and you can generally look online for probate attorneys. Do not be afraid to look for an attorney outside of Orange County (but still licensed in California). This is especially true for a second opinion.

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Answered on 9/18/15, 2:24 am


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