QUESTION
What recourse do I have if he is lying about the will?
Asked on May 17th, 2017 on Estate Planning - California
More details to this question:
My stepfather died this year on Easter Sunday. He was slated to leave me his set of Rosenthal china in his will. His son is now alleging that the will was changed before my stepfather’s death to change this bequeaths and I am to not get the china. I questioned this allegation about the changed will and I want to see the will. My stepfather was not wealthy and did not have much to give to his son besides family heirloom furniture. Won't an attorney be too costly to warrant hiring just for a set of china? Can I use a paralegal for these sort of legal proceedings? What if the son sells the china? Do all wills go through probate?
2 ANSWERS
Wills are only probated if someone asks the court to do so. Since he is not leaving anything in which title has to be changed, it is not necessary for his Will to be probated. Tell the son that unless you see a true copy of the Will you will have it probated. Unless the china is worth a significant amount, it probably is not worth the money and time to fight it. There are several Nolo Press books that will give you the basic information as to probate. It normally costs slightly over $400 for every motion you file, and any time you want a judge involved you will have to file a motion. ?A good para-legal could probably do an adequate job, but you need to get an estimate from them as to how much it will cost [and then figure it might be 2-3 times that].
Answered on Aug 07th, 2017 at 8:17 AM
Wills go through probate. Contact your county probate department and follow the procedure to contest the will. You should be able to get a copy of the will once it is filed with the court.
Answered on Aug 07th, 2017 at 8:15 AM