Legal Question in Wills and Trusts in California

Re: Can my adopted sister contest my fathers will?

You can never stop someone from contesting a will. You also need to make sure that the will is properly drafted. Many people make wills without input from an attorney, and their wills turn out to be worthless.

You may also want to video tape the signing of the will, so that if there is a contest, it can be shown that there was o undue influence, and that he was of sound mind at the time.

Re: Can my adopted sister contest my fathers will?

Atty Koenen is correct, you can never prevent anyone from suing on any matter, the question is "how well prepared are you"?

I am not familiar with MT law, but in CA everything would first go to your mother under community property laws anyway, there would not be much to contest until her passing.

Aside from that, a will will usually have a "no-contest" section that states anyone contesting the will takes nothing, or a nominal amount, like $1. How complete is the will you have? How have you prepared for the transfer of the house, his car, other assets? Are these in joint tenancy with your mother? (You see there is not going to be a quick answer, you should consider talking to local counsel yourself.)

On a side note, you seem to be aware that a will only directs the disposition of property, it does not avoid Probate. Have you considered having a family trust created? There are many benefits of trusts over wills. If you look at www.No-Probate.com, our site, there are many of the differences listed.

Please feel free to contact me if you need any additional assistance through that site or directly at 626-578-0708.