Legal Question in Wills and Trusts in California

I'm seeking advise on behalf of a friend whose mother has passed away and left a will making him the only heir of a property in Kolkata. My friend's sister wasn't included in her mothers will. (the relationship between mother and daughter was not good) But now she is asking for 50% of the inheritance claiming that being the daughter it is her right and in case my friend doesn't agree she wants to contest the will.

What does the Indian law say in that concern? What are the chances that she will suceed with her claim?

Thank you for your help.

Asked on 6/27/10, 2:36 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen
0 users found helpful
0 attorneys agreed

If your friend's mother lived in California at the time of her death, California law would apply. The will would prevail, although the property would have to pass through probate. If your friend's mother lived in India, he should address his question to someone who is licensed to practice law in that country.

Read more
Answered on 6/27/10, 6:04 pm
Timothy McCormick Libris Solutions - Dispute Resolution Services
0 users found helpful
0 attorneys agreed

Mr. Cohen is basically correct, although Indian law may complicate things. If the probate is in California, the daughter may have a claim unless the will was very tightly drafted. If you want to completely exclude a spouse or child from your estate, there are strict terms that must be in the will for it to be effective. Your friend would need to show the will to a probate specialist.

Read more
Answered on 6/28/10, 9:57 am
Anthony Roach Law Office of Anthony A. Roach
0 users found helpful
0 attorneys agreed

This question should be reposted to the Indian Law category (Not Native American/Indian Law). The property is probated where it is located, if it is real property. The fact that she died in California is irrelevant.

Read more
Answered on 7/01/10, 12:06 pm

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California

Looking for something else?

Get Free Legal Advice

88953 active attorneys ready to answer your legal questions today.

Probate, Trusts, Wills & Estates Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Rahul Manchanda, Esq.Manchanda Law Office PLLCNew York, NY
Glen AshmanAshman Law OfficeAtlanta, GA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now