Santa Ana, CA asked in Family Law, Estate Planning and Probate for California

Q: My sister and I disagree on the interpretation of the will I say my father says one thing and she says no he says anothe

The wheel stays if I can test it I get nothing I'm not contesting the will I'm just trying to make her give me what I believe the will says

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: I understand that you and your sister have different interpretations of your father's will, which is causing a disagreement. Dealing with a loved one's estate can be emotionally challenging, and it's not uncommon for family members to have conflicting views on how to interpret the will.

In situations like this, it's generally best to consult with a probate attorney who specializes in estate law in California. They can review the will and provide an objective, professional interpretation based on the language used in the document and California's probate laws.

A few things to keep in mind:

1. The exact wording of the will is crucial. A probate attorney can help clarify any ambiguities or potential misinterpretations.

2. If the will is unclear or if there are disagreements that cannot be resolved, the matter may need to be settled through the probate court. The court will interpret the will based on California law and the testator's intent.

3. Contesting a will is a separate legal process from seeking clarification on its interpretation. If you believe the will itself is invalid due to factors like undue influence, lack of testamentary capacity, or improper execution, you may have grounds to contest the will.

4. Resolving the issue amicably with your sister, if possible, is often preferable to a lengthy and potentially expensive legal battle.

Again, I recommend consulting with a probate attorney to get a professional opinion on the interpretation of your father's will and to discuss your options moving forward. They can provide guidance based on the specific details of your situation and help protect your legal rights under California law.

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