Legal Question in Wills and Trusts in California

will

My parents ''re-did'' their will the day my father went in for surgery. I absolutely know that he did not read it, and I am fairly sure that my mom did not either, as he was having his cancerous kidney removed (a kidney that my brother had donated to him 16 years earlier). In this will my sister was given complete control over my parents estate, with a no contest clause (if we dis-agree we are dis-inherited). My question is, was the document viable considering the circumstances. We did have a family meeting to go over the new will before my Dad died, but it was very brief (a short explanation of what it said), especially considering that the document was at least an inch thick. My sister has chosen to divide the estate in a way that is very unfavorable for me, but fairly good for them. Is there any legal actions that I can take, considering the way that the will was re-written


Asked on 5/11/08, 10:42 pm

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: will

The question is whether your dad had testamentary capacity, meaning did he know who were the natural objects of his bounty and the nature and extent of his assets. The second question is whether he was being pressured by any interested party (fraud or undue influence) to make the particular will. The third is whether it was executed with the formalities required for a valid will in CA. If the will is challenged on these grounds and the will prevails as valid, the party contesting the will may well, by its terms, be disinherited.

Read more
Answered on 5/12/08, 1:31 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: will

I am sorry your Dad died, and that he may have executed the new will without fully understanding it.

You will have to retain an attorney in order to have a realistic chance of success in overturning the new will or otherwise changing the distribution. The attorney would gather evidence, such as witness testimony and medical records, to prove (for example) whether he was on medication that impaired his judgment at the time he executed the new will. You would also have to consider whether the no-contest clause would be enforced under all the circumstances and whether the amount involved is worth it.

Read more
Answered on 5/11/08, 11:20 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California