Hayward, CA asked in Criminal Law and Estate Planning for California

Q: How would we get started in contesting a recent will of my sister?

Recently my sister passed away. I was her caregiver along with hospice that came in a few days a week for 7 months while she was dying of cancer. I am her only living sibling. A copy of the will was sent to me. It had been changed to a trust leaving everything to her and my nice. My sister originally had a with her husband leaving everything to her stepdaughter from her husband. Her husband then died. She went to her attorney and changed her will to include my daughter and removing her stepdaughter. Now is when her niece gets involved. She heard about this, and started coming around shutting herself up in my sisters room. Then she started taking her out. My sister was in severe pain on morphine and other drugs. She was also drinking heavily everynight. The niece took her to bank my sister said. Feeling suspicious my sister asked me to take her back to bank to withdraw. Her niece added her name, and made it so my sister could not sign without her. she then starting taking

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1 Lawyer Answer
Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in California

A: You get started by hiring a probate litigation attorney who specializes in will contests. The facts as you have recited them to indeed raise questions about the validity of your sister's most recently signed will. I would encourage you to follow your instincts and make things right by hiring an attorney to assist you.

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