Legal Question in Wills and Trusts in California

Re: Sibling suddenly show Mom's will

The other attorney's are correct that you should hire legal counsel to see how good of a case you have, try to get a settlement with our brother, and then go into the probate court.

California does allow a holographic will without any witnesses signing it. But everything on the paper must be written i her hand, which means the stamped seal of the notary and whatg eve else she wrote prevents it from being a holographic Will. It then needs two witness signature

Re: Sibling suddenly show Mom's will

Depending upon the value of your mother's estate which apparently is to include grandmother's property, it may be worthwhile for you to challenge the will.

A will challenge has to be brought within a limited time and, like most litigation, can get expensive quickly.

You should consult with an attorney near where your mother's probate will be, i.e., her purported residence in California.

Re: Sibling suddenly show Mom's will

The validity of the will has to be determined in a probate proceeding. Any real estate must be distributed in a probate in the State in which the real estate is situated.

The will is probably not valid as it requires a signature and at least two witnesses in virtually every state in the US. Plus, mom's capacity to make a will on her death bed is always a question.

Hire an attorney to protect your interests.

If you want to learn more about all of this, in general, get my book. It's written for the layman, and is available on-line at www.yourlivinglegacy.info, one of my websites.

Re: Sibling suddenly show Mom's will

you should retain an attorney to represent you, as a probate petition will likely be needed in this situation.