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    farito's Avatar
    farito Posts: 12, Reputation: 1
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    #1

    Jun 1, 2010, 08:44 AM
    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.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #2

    Jun 1, 2010, 08:55 AM

    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.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #3

    Jun 1, 2010, 09:07 AM

    Are you the son or the mother?
    farito's Avatar
    farito Posts: 12, Reputation: 1
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    #4

    Jun 1, 2010, 02:00 PM
    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.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #5

    Jun 1, 2010, 02:12 PM
    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.
    farito's Avatar
    farito Posts: 12, Reputation: 1
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    #6

    Jun 1, 2010, 02:17 PM

    Thank you sir.

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