Legal Question in Wills and Trusts in California

Re: contesting a will

Usually, if the will gifts something to someone, and the item is not there anymore at the time of death, the gift lapses. If they decedent specifically states that the person named should get the value of the house, that might be a different story.

On what basis would you contest the will? Was he married or have kids? Too many questions to provide a quick answer.

Re: contesting a will

Usually the gift will be void if the asset is sold before the death, but it depends on the wording of the gift in the will--it's possible (but unlikely) the person could still get the value of the house.

As for contesting the will, I'd have to know more--is there a no contest clause, and would the person contesting be forfeiting any inheritance for himself (or his children) if he contested? Also, are there valid grounds for a contest?

Re: contesting a will

I would have to be will give you a firm piece of advice. If it is not dishes bequest, that is that the decedent owned this at the time that they pass away, then you literally should probably without any other defenses the available, they get the value of the property at the time of his/her death. If it is not conviction and is not in a specific bequest clause then chances are you have no rights to the value of the residence. But I would have to read the will to give you the best advice. Since our zip codes are similar then I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.