Legal Question in Wills and Trusts in California
my mother passed away and i just received a letter stating i am not a beneficiary but my two children are. My mothers will was upadated to reflect this the day after she was released from the hospital along with hospice coming to her home. as she passed less than 2 weeks later i do not believe she was of sound mind when this will update was done. i do believe my sisters influenced her on this decision. is there anything i can do?
2 Answers from Attorneys
You may be able to contest the will, however, you should speak to an estate litigator that can take a look at all of the facts to determine if you would have a good case as proving these issues is very difficult and can prove quite expensive.
Influencing a testator is not illegal and not grounds to contest a will. Only UNDUE influence or coercion are grounds to contest a will. If she was not of sound mind, that too is grounds to contest a will, but it is a very hard thing to prove in court once the testator has passed.
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