Legal Question in Wills and Trusts in California

My fathers will was changed days before he died, what are my rights.

My mother and father had a will that was intact for years which had my brother and I as the beneficiaries. They divorced and the will was never changed. My father remarried and then changed the will days before he died leaving everything to his wife and nothing to myself or my brother. About 6 years have passed. Do we have any rights to his property? Thank you.


Asked on 11/02/05, 11:45 am

3 Answers from Attorneys

Scott Schomer Schomer Law Group

Re: My fathers will was changed days before he died, what are my rights.

You do not have automatic inheritence rights. You may be able to challenge the will (if a probate was never filed) but the grounds are limited to such things as forgery, lack of mental capacity, undue influence and fraud. Even if you win, if your father was remarried, his wife would still probably receive 1/3rd of his probate estate. See an attorney for more details.

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Answered on 11/02/05, 1:40 pm
Walter LeVine Walter D. LeVine, Esq.

Re: My fathers will was changed days before he died, what are my rights.

I agree with Scott, just adding that unless you never knew your father died and just found out, you are probably out of time. Most states have short time periods to contest a Will, and six years is way beyond the applicable time periods. Plus, I am sure, his original Will, like your

Mom's only named you if he was the survivor of him and your Mom, although Federal and State laws have changed over the years so this might have been different back then. Also, you may have been provided for, but deferred. You have not provided sufficient information to provide more than a general answer. Was there a Will? If so, was it probated? Did you get a copy of any notice of probate? How were his assets registered, individually or jointly with new wife? Joint assets do not pass by Will, but by asset registration. Does the new Wife have a Will? Are you included in it? Were there any agreements between them on what happens when she dies? Did he have a trust in which you might be named? Did the attorney who prepared a Will know he had children?

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Answered on 11/02/05, 3:10 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: My fathers will was changed days before he died, what are my rights.

Another issue that you don't mention is your age. If you've only recently turned 18 or 19, that might be significant.

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Answered on 11/02/05, 7:05 pm


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