Legal Question in Wills and Trusts in California

Many years ago say 5, my Grandmother told me I would inhearit her house (it was in her will). She has allsimers and can no longer take care of her self. My aunt the exc. of her will is taking all the family airlumes and selling them...and I suspect shes going or has changed the will to her advantage. Can she do this and what should I do about it? sorry about the spelling


Asked on 5/09/10, 7:55 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

I hate to tell you this, but a will can be changed at any time. No one has a right to inherit, rather it is a privilege. Further, inheritance is determined at the time of the death of the decedent who made the will, not prior. As we were taught in law school, a living person has no heirs.

If your aunt has your grandmother change her will, and this was not of her own free will, but rather undue influence, you may have grounds later to challenge the will. Will challenges can be costly, and they are determined by really good evidence.

If you aunt is taking your grandmother's property, and you believe your grandmother is having problems with alzheimers she may need to be conserved. You may also have some elder abuse issues, and many attorneys are willing to take these cases as they provide that the people committing elder abuse are liable for attorney's fees, without a reciprocal provision against the party claiming elder abuse if that attorney loses.

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Answered on 5/14/10, 3:06 pm


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