Sunday, November 23, 2014

A will made by my Aunt was made in 2006 in the state of California. It was legally amended in2012. Can my sister contest it just because she...

Question

A will made by my Aunt was made in 2006 in the state of California. It was legally amended in2012. Can my sister contest it just because she was removed from the will and will not receive anything. She was of sound mind and was not tricked when she made the changes.



Answer

A person can be removed from a will at the pleasure of the person who makes it. No law says your sister is entitled to the same share as you. If your aunt was of sound mind, was not tricked, and properly executed the new will or amendment, your sister should not be able to challenge the will.

You should meet with an attorney who can review the documents and ask any necessary questions for a formal opinion. You should not treat this as legal advice, as it is simply a statement of general legal principles that seem to apply to your situation.



Answer

Anyone can file a will contest. I assume your question relates to whether she has any grounds for the contest and may be successful. If your stated facts are accurate, she would likely not be successful as no family member has a right to inherit. Seek counsel and make certain all your facts are correct.



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