Legal Question in Wills and Trusts in California
Alheimer's disease
My father recently passed away. He was diagnosed with Alzheimers several years ago by. His final will was dated several months after the diagnosis. His will has left everything he owned to his second wife whom I do not have a good relationship with. I want to contest the will in an effort to find out what changes were made from the prior will. I was told he changed his will occassionally for tax purposes. He had a good relationship with his bilogical children, so we are surprised nothing was left (even to his grandchildren). How difficult and costly will it be to contest his last will?
1 Answer from Attorneys
Re: Alzheimer's disease
You would have to prove he did not have testamentary capacity to make the will--the test is whether he knew the extent of his assets and who the "natural objects of his bounty" (spouse and children) were. Alternatively, you could prove the will was made under undue influence or under a mistaken belief.
Will contests are costly, and don't tend to settle easily, so attorney fees and case expenses would likely be about $50,000 to $150,000 to get to the end, by settlement or trial. It's best to be aggressive about discovery, such as medical records and finding the circumstances of making the will, so you can get a good idea early about whether you have a strong case.
Also keep in mind that the deadline for contesting a will is four months from the time probate is opened.
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