Legal Question in Wills and Trusts in California
My friend is executress of an estate for her dec. mother-in-law. The children have dragged feet/contested for years and now have miraculously found a new, signed, 2006 will (naming them ben's). What is statue of lim's on "finding the original signed will" ?
2 Answers from Attorneys
Section 8226 of the California Probate Code deals with admission of "lost" wills to probate. Whether it applies in this case depends on the facts and circumstances. If your friend is not working with a knowledgeable probate lawyer, she needs to retain one immediately.
I agree with Ms. Brewer. Will contests are incredibly factually intensive, and a competent attorney is going to want as much detail as possible before determining whether the time has run, or whether to challenge this new will, or whether it was revoked.
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