Fullerton, CA asked in Estate Planning, Family Law and Probate for California

Q: My grandfather's wife passed away. Can I contest her will if I am not named in it?

My paternal grandfather left most of his estate to his wife and left me out of his will. His wife just passed away and I want to see what ground I have to challenge her will or trust.

2 Lawyer Answers
Richard Samuel Price
Richard Samuel Price
Answered
  • Estate Planning Lawyer
  • Redlands, CA
  • Licensed in California

A: Anyone with an interest in the estate can file a will contest. Were you previously named in the will and then you were disinherited? You call her your grandfather's wife; does that mean that she is your step-grandmother?

Tobie B. Waxman
Tobie B. Waxman
Answered
  • Culver City, CA
  • Licensed in California

A: The way you have written this question, I'm going to assume that your grandfather's wife is not your grandmother, right? i.e. you have no familial relationship to her. As such, you are not next of kin nor otherwise entitled to inherit under her will unless she specifically designates you as a beneficiary. The time to challenge was with your grandfather's will or trust; not his wife.

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