Legal Question in Wills and Trusts in California

probate- will found one year into probate
Nephew is currently 25 and is sole heir to estate- named executor and proceeds thru probate.One year &one mth. into it,20 year old will is found naming one of his aunts as trustee. His father said in will he could get principal after he turns 21,unless she thinks he can't handle his finances.She is determined to get her hands on his money and probate is now going on 1 1/2 yrs.She also went behind his back and hired his att.to represent both. Should'd the judge have set aside will after probate was so long and nephew was sole heir anyway?

Asked on 1/07/06, 6:24 pm

Donald Field Donald L. Field, Jr., Attorney at Law

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Re: probate- will found one year into probate

there is a 120 period after probate is opened to contest the will.

see PROBATE CODE SECTION 8270 at http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=prob&codebody=&hits=20

you will need to consult an attorney to determine whether or not your aunt's actions in hiring the attorney probating the estate was improper.

Answered on 1/14/06, 11:50 am

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