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    nonelawyer's Avatar
    nonelawyer Posts: 3, Reputation: 1
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    #1

    Jul 28, 2017, 08:56 AM
    California Probate Court Section 2580, Article 10 Substituted Judgment
    California Probate Section 2580, Article 10 requires that the Conservator must file a Petition in order to obtain the authority of "Substituted Judgment" over Conservatee in order to amend, modify or create a new Will despite the fact that a Will exists where the named Conservator daughter is disowned by the mother conservatee. How valid is the new Will that the daughter Conservator made on Self-Interest basis to name her the sole beneficiary of the Conservatee's estate in contrast to the existing Will naming the Conservator daughter as only to receive few hundred dollars instead of any significant portion of multi million dollar estate? Are there any Points and Authorities that can be researched in order to file a motion to vacate the new invalid Will that the Conservator made in violation of Article 10, Section 2580? Where and how can one find such Points and Authorities in California without going to an attorney at high prices? Can an attorney be hired only to file this motion and nothing else? Most of the attorneys see the million dollars property and want to get a hefty retainer. How to avoid this pitfall of legal racketeering?
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #2

    Jul 29, 2017, 09:07 AM
    Subscribed because I'm curious... because if the old will was made by the mother during a time where she was still mentally fit and of sound mind and able to make such a decision. I don't see how anyone ELSE can legally change it. Contest it yes.. but not change it.

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