Legal Question in Wills and Trusts in California

Re: Boyfriend taking over estate

From what you describe, the will may not be valid, but it's difficult to say without knowing more. I certainly wouldn't trust him giving you your "share" without a written agreement, or a will stating her true intentions. Is the will what she wants, and does she have the capacity to make a will?

Re: Boyfriend taking over estate

You should request a copy of the will from your mother's boyfriend to verify what he has said. Keep in mind that even if it reads as he said, another will (or codicil) could be executed which might supersede it.

You should suggest that your mother consult an attorney directly to have a proper will prepared (or perhaps a living trust) and witnessed, assuming she is competent to understand what she is doing.

If you are concerned about the manner in which your mother will be living now or that her boyfriend may dissipate her assets, you should consider filing a petition for a conservator of her person and estate. Part of that proceeding could include determining the validity of the will, and possibly making a new will.

Re: Boyfriend taking over estate

I would speak directly to your mother and see if she understood what she did. You may want to bring a objective witness to the meeting. If she is not competent, you may want to get a doctor's opinion on the subject immediately. The other options include obtaining a conservatorship, but that process could take a week or more, time you may not have.

Good luck.