How can I find out if my mom’s will was changed before or shortly after she died

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How can I find out if my mom’s will was changed before or shortly after she died

My aunt was my mom’s benifinatiary and
she hasn’t let me know anything.i know
me and my children are suppose to get
something

Asked on January 21, 2019 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Wills do not need to be filed pre-death, so there is no official "court" copy of an earlier will out there to compare. If you nonetheless have a copy of the earlier will, or know someone who has a copy, you can obviously compare that earlier will to the current one. 
Be aware that a will may be legally changed at any time until a person dies--they don't have to stay with what's in an earlier will, or what someone told you that you'd inherit. Only the final will that existed as of death has any power or effect. So even if it was changed shortly before she died, that is legal.
If you believe that your aunt is not following a will or forged a will, you can challenge the will in probate court by filing a legal action (lawsuit). The only way to challenge a will (or the distribution of assets in violation of what you believe to be a will's terms) is via a legal action in court. As the person challenging it, you'd have to prove your case: that means you'd need evidence to show your aunt is not following a will or created a fraudulent one. If you wish to explore that option, consult with a probate attorney to better understand what is involved in a challenge.


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