Yes. W may challenge many attributes of Will, Including vaildity, proper execution, distribution and appointment of executor.
Many possible bases for challenging a Will. Applicable law depends on nature of the challenge.
No. W may not simply ignore the Will because she does not wish to honor it.
If Will is valid, it must be probated.
Need more information and copy of Will to opine on possible bases of challenges to Will and defenses.
Gather all documents and meet with probate counsel to review concerns.
If a will is validly drafted, executed and witnessed according to your state's statutory formalities, and subsequently the testator dies, that will takes full legal effect with respect to the matters it concerns.
It really depends upon what the will says and if the creator of the will is living or dead. Have it reviewed by an attorney to advise for sure.
Surviving spouses have certain protections under California law. See, e.g., Probate Code sec. 6500, et seq. It depends on the nature of the property and the terms of the will. The will may also be subject to attack depending on the method of execution and compliance with the requisite formalities. More facts are necessary and you should consult with an attorney about your concerns.
To some degree this is a yes and no answer. First, if the Will is validly executed, at the time the decedent appeared to be of sound mind and understood he was executing a Will, then the Will should be upheld and it's terms followed. On the other hand, if Decedent and Wife were married after the execution of the Will, and she can prove he made certain promises to her, then she will have the burden to prove her allegations, prove that he did not intend to leave her out, and try to prov the validity of his oral promises. The Wife also may have a case if he is giving away community property since while the Decedent can give away his half of the CP, he cannot give away WIfe's half. Here sister will have to admit the Will to probate and get herself appointed, with or without Wife's objection, then Wife will have to challenge the validity of the WIll, or its terms, in Court.
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