Legal Question in Wills and Trusts in California
My father recently committed suicide in california. There are 5 children, including myself who are the only living relatives aside from a niece and 2 grandchildren. We believe that he may have omitted all 5 children from the will. If that is indeed the case, and if his attorney was made executor of the will--which we have heard is a possibility through his friend--is there any hope for contesting in this situation or is it a completely fruitless effort?
1 Answer from Attorneys
I don't think any attorney could answer that question without knowing more about the circumstances and the contents of your father's will. The burden of proof is on those challenging a Will (although the burden may be shifted if the legatees are "caregivers" and a Certificate of Independent Review was not obtained.) To challenge a will successfully, you must present convincing evidence that your father lacked testamentary capacity or was subject to duress or undue influence at the time he executed his Will.
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