Legal Question in Wills and Trusts in California

My great aunt (95 years at her death) drawed up an initial will that named her blood nephew and blood nice, my mother, as heirs. I was to receive a $5,000 CD. After approx 30 or so years she revised her will to exclude her nephew, leave my mother and I on the will and include a non-blood relative step-daughters daughter. The step-grandaughter had no good intent proven over time. My great aunt then changed her will again to exclude me and my other, reinstatd her nephew and kept the step-grandaughter. (This will contained a false defamation of character on me and my mother). It was discovered that the step-grandaughter was stealing money over a period of time (during when me and mother were named as heirs) which alerted my aunts bank, and they in turn alerted the nephew. The nephew refused to press charges but decided to change the will to exclude the step-grandaughter. Question: Do my mother and I have any legal grounds to contest the later of 3 wills?


Asked on 1/12/13, 10:45 pm

1 Answer from Attorneys

Charles Perry Law Offices of Charles R. Perry

You need to meet with a probate lawyer to discuss this matter.

Without more facts, I do not see how the nephew could have changed your great aunt's will. In turn, I do not see how you could invalidate the preceding will, which took you out of your great aunt's estate.

There may be facts that support your desire to invalidate these wills, but an extensive and in-person discussion with a lawyer is required to discover them.

Best of luck to you.

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Answered on 1/13/13, 1:30 am


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