Is it possible and what would be involved to get an injunction to prevent the sale of N's (my father-in-law), house?
K (my brother-in-law), and the Executor, today informed his J sister (my wife), that he intends to sell N's house next week. N has 3 adult children ages 57 -52 J, D, K in birth order.
I believe that K had undue influence over N especially at two times when he was most vulnerable. The division of the N's estate
changed from an original 1/3, 1/3, 1/3, to recently where K received 87%, J 10% and D 3%.
The latest will was voided in November 2012 and assets individually allocated.
Assets, including Certificates of Deposit , that had designated names had the names of J & D crossed out (but not initialed or dated) and only K and his children (who were named on several but not all CD's) were left untouched.
A bank account that was originally 1/3, 1/3, 1/3 became 50,30,20 in July 2011 immediately after N was found guilty of a crime and K accompanied him to the trial. K stated "dad was not in his right mind after the trial." In Sept. of 2011 the % changed to 70,20,10.
In Nov 2012 N had a car accident, a heart attack and deteriorated quickly after that dying at home in Feb 2013 after months of bedridden round the clock care. In November 2012 his second will was voided by him and initialed and witnessed. The CD's in which names had been crossed out had %'s hand written on them but not dated or witnessed.
Can an injunction be issued and is there sufficient basis for finding "Undue Influence?" and how can this be done? I am in California, J my wife and D are both in Chicago to discuss the situation with K who is intransigent.