Legal Question in Wills and Trusts in California
re-written will on death bed
When my granmother was hospitalized before her death, her will was changed. My dad was the previous executor of her will, he has passed. They changed the executor in the hospital (my cousin) and we think they wrote us out at the same time because they are acting very hostile and uncooperative. We are not able to get a copy of the will. Grandma had brain damage from numerous strokes. Will the re- written will hold up? And should our next step be to wait for them to file the will? Apparantly they have been seeking counsel because, ''grandma didn't sign the will in all the right places''.
2 Answers from Attorneys
Re: re-written will on death bed
You may want to force their hand by filing probate--if they have a valid will, they have to produce it for the court and let the court decide whether it's valid (if she didn't meet the signature or witness requirements, then it's not likely to be valid). If not, the prior will stands, or if no will, then by intestate succession (your father's children would split his share). You do have the authority to file the probate, so talk with an attorney about doing that.
Re: re-written will on death bed
You have to see the will to determine whether or not it will hold up. If they will not give it to you, then file your own probate petition, which will force them to produce the will or lose out. Even if the will is valid, it sounds like you may have the basis to void the will on the basis undue influence or lack of capacity. You should see an attorney to discuss your options.
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