Legal Question in Wills and Trusts in California

step mom and hand written will
my father passed away in june of 2002. He had a hand written will with my stepmother as witness. Myself and my 2 brothers took her word for it ''that there is nothing we can do about the will it stands'' since she worked for a probate attorney. is there a limit of time we have the were married 12 years.

Asked on 10/30/04, 12:48 am

Donald Field Donald L. Field, Jr., Attorney at Law

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Re: step mom and hand written will

there is no time limit to petition the court to probate a decedent's estate.

SEE http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=07001-08000&file=8000-8007

if a probate was opened, you should have received written notice.

Answered on 10/30/04, 7:40 am

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

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Re: step mom and hand written will

A witness to a will cannot be also a beneficiary. What is the nature of the dispute? Call me directly at (619) 222-3504.

Answered on 10/30/04, 12:47 pm

Ken Koenen Koenen & Tokunaga, P.C.

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Re: step mom and hand written will

You probably have standing to dispute the will. Just because I tell you the sky is yellow, doesn't make it so.

Answered on 10/30/04, 1:27 pm

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