Santa Monica, CA asked in Probate for California

Q: I would like to object to a Petition for Probate.

My brother left a will giving his home located in California to a friend. The will is dated 2003. In 2006 he purchased a home and made a will leaving the home to me (his sister) and my kids (his nieces and nephews). I received a Petition to administrator my brothers estate and would like to file an objection. I have the newer 2006 will but its located at my vacation home in China and I cannot travel there to retrieve it now. Can I still file my petition to object? How long will the court give me to get the newer will? Whats a good why to object giving me more time to get the newer 2006 will. Thanks

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2 Lawyer Answers
James Edward Berge
James Edward Berge
Answered
  • Estate Planning Lawyer
  • San Jose, CA
  • Licensed in California

A: Yes, you can file an objection based the fact that the Will sought to be proven was in fact revoked by a subsequent Will. You should also file your own petition for probate based on the new Will, the terms of which you’ll need to prove by clear and convincing evidence in the absence of the original Will. The court should understand and give you time to obtain the original Will when COVID health orders permit.

David Ostrove agrees with this answer

David Ostrove
David Ostrove
PREMIUM
Answered
  • Estate Planning Lawyer
  • Los Angeles, CA
  • Licensed in California

A: File an objection. Explain everything to the court in specific detail, Request additional time to get the copy of the most recent will. You need to engage a lawyer familiar with probate procedure to do this.

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