Legal Question in Wills and Trusts in California
My great aunt revised her Will in May of 2007 removing the original heirs and placing me and my mother, her niece, as heirs to her estate and Durable Power of Attorney over her health care. In late 2009 or early 2010, she revised her Will again placing the Will and Durable Power of Attorney back into the original heirs possession. Between May of 2007 and early 2010, my aunt's step-grandaughter has been proven to take advantage of her illegally by removing funds from her bank accounts during this period between 2007 and 2010. My great aunt passed away June 2010.
Question: Does my mother and I have any legal grounds to contest the current Will?
2 Answers from Attorneys
Maybe. Nothing in the facts you provide gives any clue whether or not you have grounds to contest the will. The only thing your facts indicate is that the step-granddaughter should be prosecuted for elder financial abuse and should be sued by the executor for return of the funds.
You haven't provided any information that would render the proferred will invalid for us to make a call on whether you have grounds to challenge the will.
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