Legal Question in Wills and Trusts in California

My stepdad passed away this past April, two years after my mother. They each had a Will along with a Living Trust together. My brother was named exector and successor trustee with both of us as beneficaries. When my stepdad's brother came into town he totally ignored the original will and trust and had a new will drawn up leaving everything to him. Less than 24 hours before my stepdad passed away, on his death bed and not of sound mind he had my stepdad sign it. My brother and I were disinherited without our knowledge. My stepdads will and the trust had instructions to protect us against this happening, but the documents were treated as if they did not exist. Additionally, my stepdad's brother has refused to produce a copy of the new will for my brother and I to see. Do we have a valid case against my stepdad's brother to contest the "new" will that we have never seen?

Asked on 8/19/12, 7:07 pm

1 Answer from Attorneys

Jennifer Rouse Meissner Joseph & Palley

You should take the prior will and trust to an attorney to review. Also, give the attorney details about your stepfathers condition at the time he signed the new will and presumably revoked the trust.

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Answered on 8/20/12, 6:59 am

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