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Maverick, Attorney
Category: Estate Law
Satisfied Customers: 6390
Experience:  20 yrs of professional experience.
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Our mother died one week ago. She has four children and was

Customer Question

Our mother died one week ago. She has four children and was not married. As of two weeks ago she had no will. Her boyfriend had her create a will two weeks ago while dying in hospice, incoherent and on morphine giving everything to him. Her assets, which are three annuities are probably worth $100,000-$150,000 but we don't have any info and no access to anything. We don't have money to hire a lawyer. How can we notify California probate what has happened and that there are four children?
Submitted: 10 months ago.
Category: Estate Law
Expert:  Maverick replied 10 months ago.

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Expert:  Maverick replied 10 months ago.

First, you may want to read this article. You will need to challenge the Will based on undue influence or lack of capacity. Here is the law.

Whenever some interested party wants to challenge the filing of a Petition for Probate

of a Will, that person must file a petition stating the grounds for the contest and have a

Summons (Probate) issued. The Summons and petition, which is usually entitled "Will Contest

and Objections to Probate“, must be served on each named executor, heir, etc. The Summons

directs each such person to respond within 30 days after service. A person named as executor,

but not yet appointed, is not required to defend such a contest. Service can be made by mail

or can be done in person. The person filing the will contest is called the Objector. Sometimes,

in the caption of the will contest, the objector is termed the plaintiff and the petitioner (on the

original probate petition) is deemed the defendant

Also, you need to check to see if these annuities passed outside the Will. Some annuities cannot be inherited, as payments stop when the owner passes away. Some, however, can pass to a designated beneficiary. Because they allow the owner to name a beneficiary, annuities that can be inherited do not usually have to go through probate. So, notifying probate court will not do anything for you here. If you want to find out information on annuities that did not pass through the Will, then you may need to file a declaratory judgment action and do litigation discovery.

I would suggest that we do a phone call option on this. It would cost $5.00 more if you are interested please let me know.

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