Legal Question in Wills and Trusts in California

Hello. I have been diagnosed with bipolar one and have been hospitalized numerous times for this illness. I just qualified for long-term Social Security disability. My elderly mother has named my only sibling (my brother) as the executor of her estate. They both judge me for my illness to the extreme, and there is now an estrangement between me and my brother. My question is: when my mother passes away and my brother acts as the executor, I am paranoid my mother will give him all of her assets in her will as she favors him. If that happens, can I contest her will based on discrimination of my mental illness? (Or contest the will for any other reason?) All I have heard from others is "no way" and "once a will is read, it is pretty much written in stone". I have two young girls to support & someday educate, and I am thinking of their future. Would hiring an estate attorney help when the time comes? Sorry for so many questions. Thank you so much for your consideration of my situation.


Asked on 11/29/10, 3:58 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

One of the things that I tell prospective clients, and which always upsets them, is that inheritance is a privilege and not a right. If done properly, a parent can always disinherit a child.

A will can be challenged it if was procured through undue influence, or was not properly executed and attested. These are the concerns that a probate attorney would have. There is no ground for challenging a will because it "discriminated" between children, or one heir felt it was unfair.

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Answered on 12/06/10, 11:13 am


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