Legal Question in Wills and Trusts in California

I am sorry for your loss. California Probate Code 6122 deals with this situation. It would most likely revoke the will as to your mom but not as to you. Then the question is who would get the portion that would otherwise go to your mom. I would have to see the will to tell you more but that's my quick answer. Also, if your mom was named executor in the will that would be null and the back up executor would serve. Call me and let's discuss it. I do probates throughout California. -John

You don't mention that anyone died. Wills only take effect upon the testator's death. There is nothing you can do to change someone else's will.

If your mother's ex husband has died, then what Mr. Palley says is true.

You really need to have a discussion with an attorney to go over your options. You should get the original will, if possible. You should find out what assets, if any, belonged to your step-father when he died.

The effect of the divorce is typically that your mother is essentially taken out of the will. However, that does not invalidate the remaining portions of the will.

An attorney should be contacted to review the will and discuss your options.

Step-father's sisters sound like they are looking out for themselves and you need someone to look out for your interests.

Let me know if you would like to discuss this matter.

Sincerely,

Caleb

J. Caleb Donner

DONNER & DONNER

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