Los Angeles, CA asked in Estate Planning for California

Q: My uncle changed my grandma’s will without her consent after she suffered from a stoke which caused brain damage.

How can I take action to be able to get my inheritance that she told me I would receive when she was coherent?

Related Topics:
1 Lawyer Answer
James Edward Berge
James Edward Berge
Answered
  • Estate Planning Lawyer
  • San Jose, CA
  • Licensed in California

A: If your grandma is still alive, you would need to become your grandma’s conservator to assess whether your uncle has taken undue advantage of her and to perhaps revoke her Will if you discover she was mentally incompetent at the time she signed it. You can also wait until after she dies to contest the Will. Either way, it will cost a lot of money and take a lot of time going through the probate process. Are you sure of your facts and are you willing to invest in a lawsuit against your grandma and perhaps your uncle? Call a probate attorney such as myself for specific advice and recommendations.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.