Legal Question in Wills and Trusts in California

probate,trust,wills&estates

My mother died in 1999 the her will was to be 50% to my step-dadand the other 50% to be devided between me and 2 my 2 sisters, it was changed at last minute 100% to step-dad since then he has remarried and a new will was written 100% to step-dads new wife when he dies. I am my mothers only biological child my 2 sisters are adopted. My mother had money and house and also bought step-dads company out of bankruptcy prior to their marriage. when step-dad got moms life ins. policy we got nothing he got a Harley,Truck,Vacations, etc. Can we contest this ? Are their attorneys that will take a case like this with no money down and they only get paid if they win ?


Asked on 1/23/07, 10:36 am

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: probate,trust,wills&estates

The life insurance may be difficult to contest, but the will may be if it wasn't probated (or is being probated but the four-month time to make creditor claims is still open). You'd also need strong evidence of undue influence, fraud, or mental incapacity to contest it.

As for contingency fees, this will depend on the attorney--there are attorneys who will take these matters on contingency if the facts look strong enough.

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Answered on 1/23/07, 1:02 pm


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