How do you contest a Will that hasn't been submitted?

[therenbackagain]

What is the name of your state? California

My mother-in-law passed almost one year ago now. She was diagnosed with alzheimers several years before her passing. Her daughter took over caretaking and had power of attorney to which she moved all her mothers assets (bank accounts, property, Cd's) into her own name. At the time of her death my sister-in-law claims that her mother had no money and that she had written her two brothers out of the will. She produced a phony will written in her hand writing and witnessed by her roommate and two other people that do not exist (my husband checked them out). The signature of my mother-in-law is authentic though. My mother-in-law did not read English, so even if the alzeheimers wasn't an issue, my sister-in-law could easily have told her it was something other than what it was. My mother-in-law was very clear over the sixteen years that I knew her, that her estate was to be divided evenly between her three children. Problem is, my sister-in-law never submitted the will, she just seized the estate. How do you contest a will that hasn't been submitted? Does my husband go to the IRS, the District Attorney, or to a Probate Attorney or all of the above?

 

[BelizeBreeze]

What is the name of your state? California

My mother-in-law passed almost one year ago now. She was diagnosed with alzheimers several years before her passing. Her daughter took over caretaking and had power of attorney to which she moved all her mothers assets (bank accounts, property, Cd's) into her own name. At the time of her death my sister-in-law claims that her mother had no money and that she had written her two brothers out of the will. She produced a phony will written in her hand writing and witnessed by her roommate and two other people that do not exist (my husband checked them out). The signature of my mother-in-law is authentic though. My mother-in-law did not read English, so even if the alzeheimers wasn't an issue, my sister-in-law could easily have told her it was something other than what it was. My mother-in-law was very clear over the sixteen years that I knew her, that her estate was to be divided evenly between her three children. Problem is, my sister-in-law never submitted the will, she just seized the estate. How do you contest a will that hasn't been submitted? Does my husband go to the IRS, the District Attorney, or to a Probate Attorney or all of the above?

You don't. you file probate intestate ......GET AN DAMN ATTORNEY NOW!

 

[therenbackagain]

My husband spoke with one today. He wanted to have my husband verify if one of the properties is still in his mothers name. I really doubt that it is. Anyhow, it didn't sound as though he received very conclusive advice from this man. More than likely it has more to do with my husband than the attorney necessarily, nevertheless, I know I don't feel as though I understand exactly what needs to be done legally, I suppose, to make this situation right. Sorry to be so thick.

 

[Dandy Don]

You interview with at least 3-5 attorneys until you find one willing to help. A family law attorney or probate attorney can tell you whether your state has laws on the books regarding elder financial abuse and/or abuse of power of attorney (which seems to be what happened here, since if she was diagnosed with Alzheimer's when she signed the POA, the POA can be shown to be illegal/invalid and any assets gotten that way will have to be returned to the estate). Probate may not be needed if there are no assets left.

DANDY DON IN OKLAHOMA ([email protected])