Santa Paula, CA Estate Planning Law Firms & Lawyers

As with most legal matters, it depends. It is possible that your father's Will was not so much invalid, as "ineffective," in that a Will only applies to assets in the decedent's name alone. Assets titled jointly or with a designated beneficiary pass outside of probate, and thus, outside of the control of a Will. Your brother can contest your mother's Will, but not because he does not like it. He can contest if she was incapacitated or someone unduly influenced her. Most Will contests fail, and it sounds like a very steep uphill battle for your brother. If the estate is not large, it may make sense for you to try to settle with him, in order to avoid court costs and attorney fees. Otherwise, I would let the judge toss his case.

The short answer is: Yes. You have the right to leave your property to whomever you want. However, if this is what you want to do, then you need to be sure to have a will or trust drafted prior to your death. If you do not, then the state considers that you have died intestate and the property then goes to your heirs (most likely your children) as directed by the state statute.