Legal Question in Wills and Trusts in California

how to contest a will

my daughter`s father died in March 24th 2001, he had made a will in 1994 leaving his house to my daughter who is his only child. He had been very Ill the last few years and had a friend taking care of him. Well on Dec.30th 2000, his friend had the will changed and got him to sign it while he was in the hospital dying. It left her the house,and all his belongings. I saw the will he had made in `94,but didnt get a copy of it. So i contacted an attorney in my area about this and they want a 25,000 retainer fee. why so much i dont know. ive talked to th edoctor who was in charge of him and he told me that he was in no condition to sign anything legal at that time and would testify to thaty in court. My daughter is about to loose the only thing her dad left her. I need to know if you can help me find a lawyer who wont need such a high retainer fee. I do know the lawyer who drew up the first will, i believe. Can u please help me or tell me if i can fight this one without an attorney

thanks again


Asked on 7/01/01, 4:40 am

2 Answers from Attorneys
Alex Scheingross Law Offices of Alex B. Scheingross

Re: how to contest a will

Litigation is unfortunately beyond the reach of everyone but the very rich. The $25,000 retainer fee was probably realistic. Depending on the strength of your case, you may be able to find someone in your area who will take the case on a contingency, i.e., they get a percent of whatever you daughter recovers. If you live in a large metropolitan area, I would check the phone book for the local branch of the Consumer Attorneys and try to get a referral from one of their officers. Will contests are difficult and have some very technical issues. I wouldn't try to do it without an attorney.

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Answered on 7/02/01, 5:21 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: how to contest a will

A contested will often settles. If the estate is very large, you may be able to get an attorney on a contingency fee or partial retainer. Please call me directly at (619) 222-3504.

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Answered on 7/06/01, 11:59 am


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