Legal Question in Wills and Trusts in California

My father recently committed suicide in california. There are 5 children, including myself who are the only living relatives aside from a niece and 2 grandchildren. We believe that he may have omitted all 5 children from the will. If that is indeed the case, and if his attorney was made executor of the will--which we have heard is a possibility through his friend--is there any hope for contesting in this situation or is it a completely fruitless effort?


Asked on 2/21/11, 4:40 pm

1 Answer from Attorneys
Michele Cusack Pollak & Cusack

I don't think any attorney could answer that question without knowing more about the circumstances and the contents of your father's will. The burden of proof is on those challenging a Will (although the burden may be shifted if the legatees are "caregivers" and a Certificate of Independent Review was not obtained.) To challenge a will successfully, you must present convincing evidence that your father lacked testamentary capacity or was subject to duress or undue influence at the time he executed his Will.

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Answered on 2/21/11, 4:59 pm


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