Legal Question in Wills and Trusts in California

Final will and testament

If I leave a 'lot' of assets such as wealth, estates, automobiles and businesses, yet leave nothing to my 'family'. Could they battle for it?

And if they do win, does that mean every last item I leave behind?


Asked on 5/02/08, 12:03 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Final will and testament

Congratulations on your good fortune and I am sorry you have impaired relations with your "family." There is probably nothing you can do to prevent them from some type of legal action, but you have the ability to make this course of action as difficult as possible. I can think of a few ways.

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Answered on 5/02/08, 12:18 pm

Re: Final will and testament

You can leave your assets to whomever you like. However, by leaving substantial property to someone other than family your family has little disincentive not to challenge.

Thus, there are things that you can and should do to make it as likely as possible that any challenge will not be successful.

Additionally, depending on the size of your estate you may want to leave something to your "greedy" relatives with provisions that a challenge by them will result in disinheritence.

DISCLAIMER

This reply constitutes legal information for education purposes and does NOT constitute legal advice nor establish an attorney-client relationship. We will only represent you based on a written retainer agreement. Therefore, you should contact this office to discuss representation if you do want legal advice/representation.

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Answered on 5/02/08, 2:29 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Final will and testament

You can disinherit your family if you want, so long as you have legal testamentary capacity. But, you have to do it correctly. Beyond this answer, I don't really understand your question.

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Answered on 5/02/08, 10:38 pm


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