Legal Question in Wills and Trusts in California

Contesting a Will

I am writing for my Mother-in-Law. Her Mother just passed away pre-deceased by her father a few years ago. Supposedly she was written out of the will several years back due to a dispute between her and her father. Since then they had made up and she was a part of their lives again. Her fathers death was sudden and unexpexted so she never discussed the will with him before he died. Her mother however said she wanted to put her back in the will but we are pretty sure this never happened before she passed away. Should she be notified about probate? Does she have any grounds to contest the will if it was never changed? Right now her brother is the executor and according to the will, as he states it, he gets half and her deceased sister's children get half. The way the will reads is that if the child dies the grandchildren under that child get their share. If she isn't entitled to contest...can we as the grandchildren contest to get her share or does her being written out of the will deny us our rights as well?


Asked on 7/05/07, 11:14 am

1 Answer from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Contesting a Will

Of course she has grounds to contest the will and is entitled to do so. The issue is whether or not she will be successful. As she has little to lose by doing so and everything to gain she should proceed. The likely result would be an equitible settlement. Contact me directly for assistance. 19 years experience.

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Answered on 7/05/07, 12:40 pm


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