Legal Question in Wills and Trusts in California
How does it work when the father hired an attorney for a trust (100% excluding me) and the same attorney hired by the son after death filed a pour over will 67 days after death on behalf of the son (trustee) and I obtained a handwriting expert who has proved the pour over will was forged. Trust signed same day as pour over will. What do I do?
2 Answers from Attorneys
I suggest you gather your documents and "proof" and consult a probate and estate planning attorney. By the way, a "pour over" will simply leaves everything to the trust ( i.e. it pours over into the trust). If the trust makes no provision for you, I'm not sure how that helps you.
The challenge to the will must go through the probate court. You will almost certainly need an attorney to help you through this process, to deal with the son's attempt to prove the pour-over will's validity. If all the assets were already in the trust, then the pourover will is not very important.
Please find an attorney that handles estate litigation, and retain him or her for a consultation.
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