Legal Question in Wills and Trusts in California
Can This Will Be Contested?
My grandmother died last July. She had been suffering from dementia for years and had been taking medication for it for three months prior to her death. In September 2003, she had an attorney draw up a new will and amend her trust to leave her estate--75% of a five unit apt. building--to me rather than my father, her only child, because she believed he had stolen all her money. She had forgotten she had divested herself of most of her estate years earlier. After she died, knowing that my father was innocent and that my grandmother was suffering from dementia, I went to the attorneys who executed this new will to see if it could be declared invalid since she was not of sound mind when she made it. I gave them many examples of her erratic behavior, and they had witnessed a lot of it themselves, but they believed she absolutely didn't want her property to go to my father and that it would be almost impossible for me to successfully contest it. Last week I found a handwritten letter from her to me that was never sent saying that the lawyers forced her to sign these documents and she had no idea what they meant and that she was afraid these lawyers were after her property. With this, can this will be successfully contested?
3 Answers from Attorneys
Re: Can This Will Be Contested?
The letter by itself is probably not enough. Given that this evidence seems to show that the lawyers exercised undue influence on your grandmother, there would need to be some motive or rationale for this. From your facts it does not appear that the lawyers were acting unethically. For example, there is no evidence that the lawyers would receive anything from the estate. Further, you stated that your grandmother went to the lawyers and asked that the will be drawn up as it was.
Further, you would have to be able to prove she was not of sound mind at the time she signed the will. Even persons afflicted with dementia can have lucid moments and in those moments, it is perfectly legal to draw up a will.
Depending on the circumstances of your case, you may be able to disclaim your grandmother's bequest, in which case your father may get the property anyway. You'll need to consult with a probate lawyer to determine if this will indeed be the case.
Re: Can This Will Be Contested?
Under California and federal law, you have 9 months from the date of your grandmother's death to file a "disclaimer", which is a document that says you don't want the property left to you, and that it should be distributed as if you had predeceased your grandmother. It is possible that, as a result of disclaiming, the property would go to your father instead. It sounds like you are very close to the 9 month deadline - you should find a local attorney immediately to discuss the feasibility of disclaiming the apartment building. You do not need to talk to the attorneys who wrote the will for your grandmother - you can find your own attorney.
Re: Can This Will Be Contested?
with all due respect you do not need a lawyer you need a soothsayer or psychick (pardon my spelling. based upon the very limited set of facts no one can predict your ablility at success but why haven't you seen a real live in person attorney who specializes in porbate, estate planning and trial work yet. why have you porcrastenated. do something to help yourself if not your father as soon a possible
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