Legal Question in Wills and Trusts in California

Contesting a Will

We were born and raised on a farm in South Dakota. My mother passed away in July, leaving the farm to one of my brothers. The brother she chose to be her advisor, power or attorney, etc. The rest of the family wants to contest the will based on undue influence. Does the attorney have to be from South Dakota?


Asked on 9/03/08, 1:10 am

1 Answer from Attorneys
Janet Brewer Law Office of Janet L. Brewer

Re: Contesting a Will

Where was your mother living at the time of her death? That is usually the place where the "primary" probate would take place. But if she lived in one state and owned real estate (the farm) in a different state, you might need to have a second probate - called an "ancillary" probate. And, yes, the lawyer for the farm would need to be from South Dakota if that's where the farm is located.

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Answered on 9/10/08, 1:36 am


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