Legal Question in Wills and Trusts in California

Re: Brother in-law trying to take inheritence

This is possibly a case of undue influence, but it's difficult to know without some proof that he did something he didn't know he was doing or was forced to do.

If he really is unconcerned about things and doesn't remember or know what's going on, a more immediate need may be a conservatorship, with the court appointing someone (you or someone else) to take care of his personal and financial needs/obligations. Check with an attorney to see whether this would be helpful in his case.

Re: Brother in-law trying to take inheritence

Thank you for your posting, and I'm sorry to hear about your situation. A common misconception that most attorneys practicing in this area of law see is the assumption that you are automatically entitled to a copy of a will if you are an heir. You certainly wouldn't be able to get it through the attorney without the client's (your father's) permission, as to do otherwise would violate attorney client privilege.

Please realize that a will is not "valid" until the person creating it dies. For that reason, it can be changed at any time before death.

If your father dies with property, the executor of the estate must admit the will to probate for it to have any effect. Then, and only then, can you get a copy, and you may also file a challenge to the will on grounds you may deem appropriate.

If you do challenge the will, and it is found invalid, then you may be a beneficiary to the will under the intestate laws of the state. Until then, you do not have anything but a potential claim to your father's estate.

Re: Brother in-law trying to take inheritence

Based upon the above, it does sound like you need an attorney, and that conservatorship proceedings may be necessary for your father. Based upon your zip code, it appears you are not close to my county of Santa Clara. I therefore suggest you contact your local county state bar and request that they refer you to an attorney who handles estate planning and conservatorships. Good luck!