Legal Question in Wills and Trusts in California
Contesting a Will
My situation is my mother who was 87 past away in Oct 06. My mother has lived with me, my family for the past 4 years. We entered an arrangement to buy a home, Mom put down a deposit of $39,800. My sister was present at the time that we discussed the buying the home. A note was to be done but never happened. My husband and I recall the arrangement was for my mother to live with us for the rest of live and that we would pay back half of the $39,800, which would be $19,900 the other half would be towards her long term care. The problem is my older sister who is the executor of the will; she and I are the only beneficiaries of the Will, she does not remember the same discussion and wants to deduct the whole $39,800 from my half of the estate. Do I have the right to contest the will and stop her from distrusting the assets? She and I have only been communicating by e-mail only and she told me that she would be distributing the assets next week upon her terms. This leaves me with only $6,985.36 and her with $46,785.36. Under my estimation I would receive $16,935.36 and she would receive $36,835.36. Do I have a legal case to contest the will?
2 Answers from Attorneys
Re: Contesting a Will
As there was not a promissory note then the court should take parol (oral) evidence. Call me directly at 1.619.846.8947. Please do so before the funds are distributed.
Re: Contesting a Will
Has a court appointed your sister as the executor or is she merely named as the executor in the will and acting without court authority? Was a formal probate proceeding started in court? If so, her probate lawyer should be telling her that she can't arbitrarily decide to distribute more money to herself than to you.
If, on the other hand, there is a signed promissory note that says you will repay the entire $39,000, then your oral agreement with your mother is probably unprovable and your sister would have the legal right to deduct the entire balance of the note from your share of the estate.
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