In the state of california are there any laws that protect the other siblings from a brother coherceing their father who is very ill to let him see his will and then to arrange to have changes made so that others are eliminated, and /or given less and the brother gets more than half of the estate due to this change?
2006-07-15 19:25:26 · 8 answers · asked by Barbara Z 1 in Family & Relationships ➔ Other - Family & Relationships
A will can be challenged in court especially if it was changed under duress. As you say your father is very ill and dying. Is he in the right frame of mind to make decisions like this?
You may need to ask this in the legal section.
2006-07-15 19:29:12 · answer #1 · answered by having_a_blonde_day_lol 4 · 0⤊ 0⤋
Check the following sites, in California you have the right to contest a will for a few reasons, one being that you believe there was coersion, undue pressure etc to have the will changed or written in a certain way that allows one person to benefit over all others.
It sounds like you possibly might have a case, check these sites for info and how to proceed and then contact your lawyer to determine if a previous will existed and if so, when the final will was completed...this will strengthen your case somewhat. Good luck.
http://www.willcontests.net/legalservices_state_ca.htm Legal site that assists people with contesting wills...gives some timelines that are beneficial to knowing how long you have to file motions etc.
http://www.ezinearticles.com/?Contesting-a-Will-or-a-Trust.-Can-it-Be-Done?&id=15970 Article on contesting wills and what to look for
http://www.lawforum.net/areas/will_contests/contesting_wills.asp This site gives you a good outline of exactly what varied contested wills include read particularly, the Testator Under Undue Influence section...this one spells out your situation.
These should help you out...good luck
2006-07-15 19:47:17 · answer #2 · answered by dustiiart 5 · 0⤊ 0⤋
This is a nasty little problem that you need to nip now. The last thing you want to do is fight over $ with your siblings, PROBATE is the end result and hard feelings that seldom get repaired. Your parents would not want you to fight over their bones so don't indulge the action. You made it without your parents money this far don't dishonor them by fighting over the estate. If you have a sibling that is doing covert things and stiring up a pot of ****, try conversing with them to see what they are thinking and that your involvement would make you feel at ease durring this trying time. If they don't respond in a favorable manor then decide if the wedgethat is going to split your relationship wide open is worth any amount of money. If it is then best of luck to all of you.,
2006-07-15 19:35:06 · answer #3 · answered by want2flybye 5 · 0⤊ 0⤋
Your husband and father in regulation do no longer admire you. tell your husband you will no longer enable this. How ought to he even evaluate this without your enter interior the 1st place? specific that is his dad however the situations undermine you as a human. to no longer point out how ought to your husband enable a guy that replaced into abusive to his own mom in his living house to abuse his spouse? Why can no longer you face as much as those adult adult males? Why are you keen to place up extremely of exclaiming no way interior the 1st place and a minimum of getting some style of help out of your husband? Your marriage isn't good to start with so till you intend to being long gone the finished time then i could get your factor for the duration of on your husband and the previous guy. do no longer communicate in a manner that somebody can arise and walk away. there isn't any room to be meek in a difficulty which will weaken or destroy your already unbalanced marriage.
2016-12-10 07:55:45 · answer #4 · answered by Anonymous · 0⤊ 0⤋
not sure about any criminality in terms of legal- but if father can be proven unsound of mind at the time of the change-the will could be found invalid.
2006-07-15 19:32:48 · answer #5 · answered by JP 1 · 0⤊ 0⤋
i think so. It is abuse of the elder. Get a lawer who specialized in geriatric abuse. There is a 800 advocacy number for it.
2006-07-15 19:28:39 · answer #6 · answered by chill'n 3 · 0⤊ 0⤋
get a calif probate attorney . im sure what the brother is doing is illegal but i am a layperson and i dont live in calif.
2006-07-15 19:30:12 · answer #7 · answered by nora7142@verizon.net 6 · 0⤊ 0⤋
i would say its possible if your fathers mental state was compromised when your brother did this. i would talk to an attorney.
2006-07-15 19:28:08 · answer #8 · answered by dappersmom 6 · 0⤊ 0⤋