Legal Question in Wills and Trusts in California
If dis-inherited as step-son, no other blood siblings, in 'Will' and also a 'Trust and Deed'...how do you challenge those documents? Especially if person signing their own 'Will, Trust and Deed', was medically diagnosed with 'dementia' (documented) two years earlier before signing their legal 'Will, Trust and Deed' documents? Does the question of 'sound mind and will' come into question? Looking for an energetic Attorney 'Probono', who will see merit in this type of case. What are my California time limits and rights?
1 Answer from Attorneys
Why would an attorney spend at no charge their time that they normally bill for to handle a case of interest only to you in which you hope to recover some money. Your type of case normally is not even handled on a contigency fee basis.
You would have to prove that the person was not of sound mind at the time the documents were created, not just at other times in the last two years. Stated something that is not true, such as X never paid back the $20,000 loan I gave him when it wass repaid, is not a basis to overturn a Will. If the Will has been entered for probate you have only a few months to challenge it once it is filed.
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