Legal Question in Wills and Trusts in California

will and estate

My grandfather died about 3 months ago and me and my brother were not invited to the funeral or reading of the will but his wife called my mom the other day and said she was allowed to give a ''gift'' of $5,000 to each of us if we signed a paper basicly stating we couldnt ask or get anything else from the estate or her ever again.. it was never stated in the document the amount of the check, just by excepting it we were agreeing to never be entitled to anything else. Needless to say we didn't sign, I want to know if I have a right to see the will if I am named? Could she be offering me this amount to say a couple grand? Do I have a right to speak with her lawyer? Would this be considered contesting and could I loss everything by prying?


Asked on 3/03/08, 8:55 pm

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: will and estate

No. Contesting the will is claiming that the will itself is not valid. There are many reasons it might not be valid. A will must be probated. Go to the courthouse in the county in which your GF resided at the time of his death and ask the clerk to see if a probate proceeding has been begun. If yes, pull the file, the will will be in the file. If not, then file for probate yourself. Any interested party can apply for letters of administration.

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Answered on 3/04/08, 12:18 am


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