Webster, FL Estate Planning Law Firms & Lawyers

You would have the right to challenge the will in court, if you would stand to get something if the will was not upheld. You have a high burden of proof to challenge a will. You must show that your father executed the will while under duress, undue influence or that he was mentally incapable of understanding the extent of his property and know the likely people who would inherit his estate. The law generally will uphold a will that was properly executed. A will can be changed over and over up to the time of death as long as the will is executed properly and the testator (person who signed the will) was legally capable of executing a valid will.

I assume you are in California. Under this assumption, the power of attorney expired upon your mother's death. Your brother had no power to do anything pursuant to the power after that time. You need to speak with an attorney who handles probate matters, and provide him or her with all the documents you have, so that you can get some advice as to whether it makes sense to proceed against your brother or other person. The fact that your mother passed away 10 years ago may make this very expensive and difficult to pursue (and indeed, may make it impossible due to the statute of limitations), but it is impossible to tell that without a complete review of your situation.

Probably not, usually the lawyer needs at least to have the death certificate as well as the original Will. He or she may also need you to provide information about interested parties and about assets that pass through probate of the parent who has died.