Legal Question in Wills and Trusts in California
Neighbor of 9 yrs. may inheirit my grandfathers estate and assets
My grandfather passed away and his neighbor had power of attorney and is the sole benneficiary of his will worth approx, 2 million dollars. the will was drawn up in 2001. He was 82 at that time. My father is homeless and was disinheirited from the will. My mother and father divorced in 1977 and I was 5 years old. Visitation rights were given to both my father and grandfather. My father may not be stable enough to contest the will. My grandfather left behind a son, 3 grandkids, and 2 great grandchildren. My questions are: Do I have any standing as far as contesting the will because my father was disinheirited?
If I can find my father and get power of attorney over my father do I have a chance of keeping my grandfather's assets and estate in my family? My grandfather has been neighbors with the benneficiary for 9 years, the past 4 years the neighbors placed him in several different rest homes and his house sat vacant and neglected for 4 full years. The attorney that I spoke with is not sure if she wants to take the case and has to do a little more research before deciding. Can anyone please help me. At this point any advice is good advice. Thank you.
3 Answers from Attorneys
Re: Neighbor of 9 yrs. may inheirit my grandfathers estate and assets
Probate Code section 21350 disqualifies certain individuals from inheriting under a will under certain circumstances. The circumstances you describe might disqualify the neighbor.
If the will were declared invalid, your father would inherit your grandfather's estate under intestate laws, based on the family structure as you described it.
You may be able to pursue this on behalf of your father if he is unable to do so himself.
For a free consultation, please feel free to call me during business hours at 818.784.5404.
Todd Stevenson
Re: Neighbor of 9 yrs. may inheirit my grandfathers estate and assets
Your situation sounds like there may be a possibility of somehow overturning the will, but it may depend greatly on the facts of your grandfather's relationship with the neighbor and his mental ability at the time the will was drafted. If your current lawyer decides not to pursue the case, feel free to contact me to talk about it.
Re: Neighbor of 9 yrs. may inheirit my grandfathers estate and assets
I agree with the other replies. It's important that you retain someone who has expertise in handling probate litigation matters. A general litigator may feel that he or she can handle this, but you are doing yourself a disservice if you don't retain someone who's very knowledgeable.
Good luck.
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