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-   -   California inheritance law (https://www.askmehelpdesk.com/showthread.php?t=475352)

  • Jun 1, 2010, 08:44 AM
    farito
    California inheritance law
    Is there a provision of annulment of written inheritance under the California law for a son who has had abandoned his mother in the last years of her life, when she needed him most?
    Thank you.
  • Jun 1, 2010, 08:55 AM
    ebaines

    To be clear - are you asking whether "abandonment" trumps a written will, meaning that the deceased's express wishes as she documented in her will should be ignored? It takes a lot for a court to decide that a properly executed will should be ignored - typically it takes evidence of coercion or incompetence of the deceased, or evidence that a later will exists.
  • Jun 1, 2010, 09:07 AM
    ballengerb1

    Are you the son or the mother?
  • Jun 1, 2010, 02:00 PM
    farito
    Quote:

    Originally Posted by farito View Post
    Is there a provision of annulment of written inheritance under the California law for a son who has had abandoned his mother in the last years of her life, when she needed him most?
    Thank you.

    Answering the first reply: Yes that is what I meant. So you think it is up to the court to decide and very unlikely to happen? Thank you.

    Answering the second reply: I am neither the son nor the mother. I am a friend of the family of the deceased.
  • Jun 1, 2010, 02:12 PM
    ebaines
    Quote:

    Originally Posted by farito View Post
    answering the first reply: Yes that is what I meant. So you think it is up to the court to decide and very unlikely to happen? Thank you.

    Yes - very unlikely, given what you've told us. It appears from what you told us that she had ample opportunity to alter her will - several years after the time the son left. The fact that she chose not to do so would be construed as positive evidence that she did not want it changed.
  • Jun 1, 2010, 02:17 PM
    farito

    Thank you sir.

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