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, 10:47 pm

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

Re: will

I answered this in the previous post.

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Answered on 5/12/08, 1:32 pm
Robert Mccoy Law Office Of Robert McCoy

Re: will

Yes, you can contest your sister's trusteeship or executorship without violating the no contest clause. You can get a court order that says the no contest clause will not be violated if you contest the trusteeship or executorship. However, if it is the written document you are disputing, you may very well be violating the no contest clause. But, if you could do just fine without the things you are getting, it may be worth the risk, especially if substantial assets are involved. Should you pursue civil litigation, you may have a of claim of undue influence.

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Answered on 5/11/08, 11:41 pm


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