She's 94 came home after stay for pneumonia seemed slightly off to me my brother who she supported for 7 yrs and never helped while I was there daily latched on to her and got together with a caregiver ai had hired and stole her will and hade hermake a new one
This is a tough situation that is highly fact specific. Does the new will state that all previous wills and codicils were revoked? Did your mother have legal capacity when she signed it? In what ways did she seem "off"? Could she have been a victim of undue influence? Is the new will authentic?
You see, there is a presumption in CA that a lost will was destroyed by the person who drafted it. In CA, a destroyed will is a revoked will. Your first hurdle will be to overcome the presumption that the will was revoked. Your next will be to establish that the new will is invalid on one, or several, legal theories - ie undue influence, incapacity, fraud, statutory invalidity. Bonus points if you can bring in persuasive evidence re the terms of the original will, most likely a copy. This is going to be a tough sell that will require a lot of leg work.
Please note that no attorney-client relationship has been formed by this answer. The advice I have provided is general and informational in nature and not meant to provide specific individualized advice. If you desire legal advice to your specific situation, please contact an attorney local to your area as soon as possible.
It has likely been destroyed. If you believe your brother and the caregiver took advantage of your mother, speak with an estate litigation attorney to discuss a possible case for elder abuse, undue influence, and will contest.
Does your mother have capacity now? If she lacks capacity you may need to start a conservatorship and may want to use substituted judgment to create a new estate plan.
What does the new will say? If it makes gifts to the caregiver, those gifts may be void.
You need to contact an attorney and prepare for a lawsuit now or after your mother has died.
When the person gives you money, the person has an attorney and the attorney has a client, but not until then. Inspired by words of Abraham Lincoln
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