Legal Question in Wills and Trusts in California
This should be a simple question... I guess I will see. If a person draws a will (and trust) and; omits one of his children in the will, Does not mention the child's name anywhere in the will. Does that child have the ability to contest the will?
Asked on 11/10/10, 3:04 pm
2 Answers from Attorneys
Michele Cusack
Pollak & Cusack
Yes, an omitted child may be entitled to a share, depending on the circumstances. See CA Probate Code Sections 21620 et seq.
Answered on 11/15/10, 3:29 pm
You can contest the will. First you must standing, that is, the omitted child. Then you need a ground to challenge. The testator's capacity is a basis. Mistake, fraud, or undue influence will be grounds.
Answered on 11/15/10, 4:29 pm
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