Legal Question in Wills and Trusts in California

probate/Will

My uncle had earlier filed for a petition for Intestate.Now he has withdrawn the petition and brought out a WIll (my grandmothers )filed for a probate . He and another being witnesses /attestors and all my gm estate going to their sister(my aunt). Can he do this despite him earlier swearing on oath that there was no Will. Thanks for your reply.


Asked on 2/11/08, 10:14 pm

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: probate/Will

Good question. You may challenge the probate. He has the burden of proving that the will produced is valid and will be hard pressed to explain why he filed to probate the estate in intestacy when he appears as a witness on the will.

To contest the will, though, you will have to hire a lawyer on your own resources.

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Answered on 2/11/08, 10:40 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: probate/Will

if he found the will after the fact, then he's doing the right thing.

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Answered on 2/12/08, 1:20 am


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