Legal Question in Wills and Trusts in California

contesting a will

as per my last question.Dad and my family were on roady road. He cut off all ties to us. However, I have heard fromj a sister that the attorney handinjg this has asked for our sonjs soc. sec# and such.we've had durg issues in the past but have beeb clean, sober and hlding our own thus far.I have a feeling that after receiving this packet from the atty, we will probaqbly need to contest. Can there be codiciles involved. And can we be cut completly? thanks


Asked on 1/16/09, 4:00 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Re: contesting a will

I did not see your prior question, but your father had the right to do whatever he wanted to with his property [but not with your mother's part of the community property as he did not own that]. The attorney should be willing to tell you what is in the Will [I assume your father died]; certainly the original Will could have been modified by subsequent writings. There is no point to consider contesting the Will before you know what it says. In general, it is very difficult to contest a Will; you must show he had a mental problem. His resenting you for your drug usage is not a basis to overturn the Will, and is actually a fairly common rationale.

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Answered on 1/17/09, 6:09 pm


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