Need help please

[scotty93644]

What is the name of your state? California Hello, My mother passed away 18 months ago. I cared for first my father then my mother. Both my paerent made a will about 20 years ago that said all to be sold and split equilly between the 5 of us siblings, 10 months before my mother passed away she changed her will and left me her house and all contents, which i have been living here for last 10 years. My sisters contested her will that i used fraud and undue influance. Had court today after 3 day trial, both me and my sister were pro per, anyways the judge rulled since I was living with her and her care provider that there was undue influance. The new will was admitted to probate but the paragraph that said house and contents to me was striken and all to be sold and split, there is a no-contest clause in the will, if the old will had been admitted none of them contested that one, but the new will that was contested by all 4, what can i do ? does the courts in Calif reconize a no-contest clause ? thank you I'm losing my home.

 

[Dandy Don]

Don't you already have an attorney to consult about this?

 

[JETX]

what can i do ?

You need to do what you should have done before.... talk to a local probate attorney. If you do this quickly, there may be a chance that you can void that recent judgment and try again.
If you don't.... then you are SOL (and I don't mean Statute of Limitations).

I'm losing my home.

No your not. You are losing YOUR ability to live rent free in someone elses home.

 

[scotty93644]

s.o.l.

I did have a attorney, I got $24,000 into him and he wanted another $10,000 that i couldnt come up with so he dropped me. I do a very good paralegal working on it for me, i was told i need to file a motion but just dont know how to go about it, thanks,scott

 

[pojo2]

there is a no-contest clause in the will, if the old will had been admitted none of them contested that one, but the new will that was contested by all 4, what can i do ?

If the new one had that phrasing then I'd say that was pretty suspect.

In addition was your mother of sound mind to be changing her will 10 months before death?

I did have a attorney, I got $24,000 into him and he wanted another $10,000 that i couldnt come up with so he dropped me.

Then you must decide if you want to further pursue this or sell everything and split the proceeds equally.

does the courts in Calif reconize a no-contest clause ?

Didn't you just have a Ca. court rule against you and was the no contest clause not presented at that hearing? What was said if it was?

 

[scotty93644]

no-contest

yes the judge ruled for the house and all contents to be sold at auction. I did ask the judge about the no-contest claus and he said "FILE A MOTION' so thats is what I'm trying to find out, what type of motion do i file ? And yes my mother was found to be of sound mind, all my sisters not only attacked the will and everything about it but was claiming our mother was totally out of her mind with dementia, but i was the only one to care for her over last few years, and one sister lives a few miles away but refused to do anything to help.

 

[pojo2]

You need an Atty, you are out of your league so to speak and that is not a put down I would be too if I were trying to do all this legal stuff on my own.

Do it right WITH the help of an Atty or perhaps be eaten up in court by one for the other side.