Legal Question in Wills and Trusts in California

Contesting a Will
My father recently died and left everything to my stepmom. This is according to her. My Dad had 4 kids and none of us has seen a Will. My fathers estate, including cash & home is worth approx 750,000.00, do we have a right to contest the Will my stepmom says leaves everything to her.

Asked on 1/10/07, 11:50 am

3 Answers from Attorneys

Kai Wessels Kai H. Wessels

0 users found helpful

0 attorneys agreed

Re: Contesting a Will

The will needs to be lodged at the superior court in the county in which he died. Also as an intestate heir, you should receive notice of any probate. So for one or both of these reasons, you should have knowledge of where the will is located. Bottom line, you should be able to read the will.

As far as contesting the will, you certainly can do that. Will you win? The odds are not good, but possible.

Give me a call if you would like me to assist you.

Sincerely,

Kai H. Wessels, Esq.

(Tel.: 877-Wessels)

Answered on 1/10/07, 11:59 am

Mark as helpful

Matthew Mickelson Law Offices of Matthew C. Mickelson

0 users found helpful

0 attorneys agreed

Re: Contesting a Will

If there is a will, and your stepmother wants to use it to distribute valuable property to her (i.e. the house), she will in most cases need to start a probate procedure in the court and lodge the will with the court, where you will be able to view it. It's also possible that your father set up the house's title so that it automatically goes to your stempom when he died (joint tenancy); in that case the court would not need to order the transfer. Feel free to call me if you'd like to discuss this further.

Answered on 1/10/07, 12:55 pm

Mark as helpful