Legal Question in Wills and Trusts in California

my mom owned her house before she got married. she left the house to him in the will. but my step dad had me signe a paper saying that was how it went and it was what is always done. i was told that because i am blood daughter and he came in the picture after she owned the house that i could contest the will and that he would have to buy me out or that it would be split. is there a statue as to

how long you can wait to contest. he has passed away and left everything to his family. never giving me the pictures or anything that belonged to my mom. help


Asked on 1/27/12, 4:18 pm

2 Answers from Attorneys
Jennifer Rouse Meissner Joseph & Palley

If your mother's Will stated that the house was to be distributed to your step-father upon her death, your only grounds to contest the Will would be if you thought your mother was unduly influenced by your step-father to make that distribution. You would need particular facts to make that argument. Also, if there was a court proceeding regarding your mother's Will - spousal property petition or probate - you had a limited time frame after the court made its Order to appeal it.

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Answered on 1/27/12, 4:24 pm
George Shers Law Offices of Georges H. Shers

You have the same problem that many children have when their parent dies before their step parent, all the property going to the step parent's side of the family. Who every told you about getting half the property does not know the law. Ms. Rouse knows it.

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Answered on 1/27/12, 5:42 pm


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