Legal Question in Wills and Trusts in California
In 1976 my maternal grandmother's will (I have the original) very clearly disinherits her grandson and leaves him nothing. Today, after the recent death of my mother, I find her will to read that I am basically the person disinherited and that the entire estate will eventually end up as my cousin's, the same person who was disinherited in 1976.
Can I fight my mother's codicil to her will based on the fact that it counters my grandmother's original desire to keep her estate from my cousin?
2 Answers from Attorneys
There are two separate people, two separate wills, two separate outcomes. Many wills have a contest clause, if you contest the will you may end up with nothing anyway. About the only thing that would allow a challenge here is if there were undue influence, but you have offered nothing to support that...
It depends on exactly what the wills themselves say. A summary of what you think they provide is not helpful. For example, ws the property placed in trust for your mother, so she had no right to change where it went? Was it simply distributed to her outright, so she could do as she desired? Those questions are critical to understanding what is to occur now.
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