Legal Question in Wills and Trusts in California
Wills
A will includes six heirs, including; five children
and two grandchildren(children of sybling who had been deceased long before will was written)that count as one heir, can the children of a another heir(who's names are
not in the will) contest it?
4 Answers from Attorneys
Re: Wills
It depend on who the omitted persons are and what basis they have for a contest (i.e. undue influence, etc.) Tell me more.
Regards,
Mina Sirkin
Re: Wills
Thank you very much for your question. To answer it, one really needs more information. Specifically, under what grounds is this person challenging the will? Why does he or she believe that they did not receive their fair share? If you want to retain an attorney in San Jose, please do not hesitate to contact me at (408) 268-2580.
Sincerely,
Kai H. Wessels, Esq.
Re: Wills
If the "heir" is not an omitted child or spouse, they have no basis to contest.
Re: Wills
If the children's parent is still living, that person is the only one with standing to contest a will, unless those children were in a previous will and have now been excluded.
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