Legal Question in Wills and Trusts in California
My father died last year in California, leaving all of his property to me, including real estate.
Recently, I learned I have an older brother who says the property should have gone to him.
Dad�s will uses the singular phrase �my son� and not my name.
Does my older brother have any claim on the property?
3 Answers from Attorneys
I assume the older brother was not named in the will? I think you have the better case but this could definitely turn into a probate litigation fight. I would encourage you to hire an experienced probate attorney to help you. Good luck. -John
You have the upper hand here. However, obtain a probate attorney locally ASAP.
You definitely need to met with an attorney, if only to obtain peace of mind. Key to the analysis are the exact words used in the will, when everything is read in context; and why your brother was not named in the will. There may be other factors, but those seem critical right off the bat.
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