Legal Question in Wills and Trusts in California

Contesting a Will

My cousin is one of two brothers. My aunt died recently leaving her house, in a will, to the two of them. The house was sold and they were to split the proceeds in half, but one brother told the other that he no longer had his half as he turned it over to the DAs Office to satisfy back child support (he had been threatening to do this if the brother continued to ask for items in the house, not left to either one in the will). The brother without anything has never seen a copy of the will. First, can the one brother keep his share? How should he contest the will?


Asked on 4/17/01, 7:46 pm

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Contesting a Will

Unless the house was held in joint tenancy or by a trust, there should probably be a probate opened to distribute the house to the brothers. The probate file, including the will, is public record, so he can find this information in the court file. The information regarding the alleged payment to the DA's office would be in there too. If he has trouble getting the information or cooperation from his brother, he may wish to hire an attorney to do so.

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Answered on 6/12/01, 10:43 am


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