Legal Question in Wills and Trusts in California

When my grandmothers husband passed away he left her everything, when she made her Will she didn't include his daughters and left everything to me, my mom and my sister. Now that she has passed his daughters want to contest the Will. Can they do this and what might come of it?


Asked on 1/17/12, 8:28 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Yes, they can contest the Will as potential beneficiaries but are not likely to have any chance unless she had adopted them. If she did adopt them they wold have to show she forgot to include them, but it is very common that a spouse does not pass anything onto the other spouse's children. You need to see an attorney with all the details so that a letter can be written to them explaining what the law is and why, if the situation, they have no chance of winning.

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Answered on 1/17/12, 8:35 pm

Mr. Shers is right if your grandmother's husband's estate was probated. That was his heirs chance to assert their claims. If his estate was never probated, which is unfortunately all too common when the first of an elderly couple who held everything jointly dies, then they may have a shot.

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Answered on 1/17/12, 8:38 pm


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