Carpinteria, CA Estate Planning Law Firms & Lawyers

This Will, like any other, can be contested. Like any Will contest, you have an uphill battle, and it is likely to be in court a long time and cost a great deal of money. The grounds for contesting the Will are either that your aunt did not have legal capacity to know what she was doing, or that she was unduly influenced by someone else. The fact that the Will changed your uncle's estate planning intent is not grounds for challenging it. If you can prove either lack of capacity or undue influence, then you can win. As noted above, these cases are difficult to win and are costly. I have successfully challenged Wills on these bases, before. If you have compelling proof of your claims, then it may be possible. If the new Will was prepared by an attorney, it will be MORE difficult to challenge, as the attorney will testify against you. Courts presume documents to be valid until they can be proven otherwise. This is to encourage people to do their estate planning in the first place.

The children the most definitely need to speak with an attorney, and if they remain minors, will have to have a Guardian and conservator appointed by the probate court.

Your friend is incorrect and you should probably start interviewing attorneys to find one that gives you the answers that you feel comfortable with and that you think will be responsive to you and easy to work with. There is no inheritance tax in CA and the federal estate tax exception is $5M, not $1M. Inheritance is not income and taxes on the inheritance will not be due. A fiduciary tax return will be due and a K-1 will be distributed to the beneficiaries, but no tax will be due. Do keep in mind however, CA withholds 3% from all real estate transactions, some of which will likely be returned when the fiduciary tax return is filed.