Q: should motion to dismiss petition for revocation of probate of will be granted. the heir at law filed after120 days
estranged disinherited son filed petition to revoke probate of will 13 months after the will was probated. he did not contest before the will was accepted into probate. he has not petition to have executor removed. and since he hasnt been in the decedents life in over 35 years he has no way of proving undue influence, or signature fraud as he claims. there is also a no contest clause in the will.
A: It is difficult to predict the outcome of a motion to dismiss, however, you can and should certainly object to the petition for revocation by lodging objections to the petition as detailed in Probate Code section 8271.
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