San Diego, CA asked in Probate for California

Q: how do I introduce a will (that had not been found before probate started} to the judge in the case.

I lived as caretaker on a property for 7 years with an agreement that the work I did would go to me purchasing the house, the owner was murdered and his brother that he was estranged from lied to me and told me he was not filing probate that he wanted to help me. he was going behind my back then took me to eviction court, I had one of the witnesses to the owners will with me, and asked the judge for 7 days extension to get it to probate. he denied me, the will leaves the property to me, as per our agreement. I have the will and one of the witnesses who signed it, but we can't figure out what to file and no one will help, without a fee. I just need to know how to get this paper to the judge. thank you

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1 Lawyer Answer
Richard Samuel Price
Richard Samuel Price
  • Probate Lawyer
  • Redlands, CA
  • Licensed in California

A: You would have to file a petition for administration of the estate and to admit your will. Since you're a caregiver, there is a presumption that your will is invalid for undue influence, unless you have a certificate of independent review. The brother will most likely bring a will contest to invalidate your will. There is no such thing as just getting the will to the judge. That doesn't end your case. This is complicated, you need an attorney and this will be expensive.

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