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View Full Version : Disinherited.can I challenge it?


kylex
Aug 14, 2007, 09:53 AM
My grandmother recently (aug. 2007) passed away in California. I live in Kentucky. When I called my uncle to inquire of the estate distribution, he remarked that I was no longer co-executor of my grandmothers will and that she had changed the will earlier this year, leaving everything to him. My grandparents had two children: my uncle and my mother, who passed away five years ago. As it stands, my mother's side of the family has received no inheritance. Up until a year ago, I was co-executor of this estate and stood to inherit money along with my brother (as well as other cousins; the adult children of my uncle. My uncle was to inherit the house)... as it is, we have been cut out completely.
This will is a complete departure from the way my grandparents always did things. My concern is that someone influenced my grandmother to change her will while she was not mentally sound (she knew she was terminally ill since last fall). Can I challenge this will? Do I have a leg to stand on in California law?

ScottGem
Aug 14, 2007, 10:04 AM
I would consult an estate attorney. You can certainly challenge the last will. But you would have to prove undue influence and that your granddmother was not mentally capable of changing her will.

Emland
Aug 14, 2007, 01:51 PM
You will need a competent estate attorney for something this involved especially since you are not in the same state.

A lot will depend on the mental state of your grandmother when the changes were made to her will.

GV70
Aug 14, 2007, 11:27 PM
If the last will is a valid will you can do nothing.Sorry.

As ScottGem made reference to challenging the will you have to prove undue influence or mental problems of your grand-mother.