California Will Contest Lawyer

Who Can Contest a Will in California?

In California, the following people are entitled to will contests and to petition the court to contest the will:

1. Spouses, children, and grandchildren of the testator (who made the will).
2. Trustees of trusts created by the testator.
3. Any other beneficiary who would receive less than one-half of 1 percent of the estate if there were no contest.
4. Any creditor who would be paid less than $2,500 from the estate if there were no contest.
5. The state or federal government, unless acting as an executor or administrator of another person’s estate.

This means that any of these people can contest a will in California if they feel something was wrong with how it was made or who was named as a beneficiary. A will attorney will be necessary to determine if there was undue influence, a mental capacity issue, for grounds for contesting.

How Long Do You Have to Contest a Will in California?

In California, you have four months (120 days) from the date of death to file a will contest. If you do not file your will contest within this time frame, you may lose your right to contest the will.

It’s important to note that if you do not feel that the decedent provided for you or your family in their will, you must be able to prove this in court – it is not enough for you to state that they did not provide for you.

What Proof Do You Need to Contest a Will?

If you’re considering contesting a will in California, you must understand what it takes to prove your case. You can’t simply say, “I didn’t like the way the will was written,” or, “I think my uncle meant something else.” You have to have evidence that your loved one intended to leave their estate to someone else.

Contesting a will is a complex and technical matter. A will contest attorney can help you navigate the process.

There are five requirements for challenging a will in California:

1. You must be an heir or beneficiary of the decedent.
2. You must have a legal interest in the estate affected by the will.
3. You must prove that a codicil was revoked or that fraud, duress, or undue influence was used to get the will signed.
4. You must be an interested party injured by the will being enforced as written.
5. If you contest a trust rather than a will, you must also show that enforcing it would result in fraud or violation of public policy (which means something illegal).

How Do You Contest a Will?

Contesting a will can be complicated, especially if it involves contested property or assets or if there are multiple heirs involved. If you think that the estate should be divided differently than what you see in the will, here are some steps you should consider taking:

Step 1: Get Legal Help from a Will Contest Lawyer Experienced with Trust and Estate Law.

Consider hiring an experienced probate lawyer even if you only have questions about how to contest a will because they can help you understand your options and ensure your rights are protected throughout the process.

There are two ways to file a will contest in California:

Contesting a Will in Probate Court

This method requires filing an application with the probate court where your loved one lived at the time of death. The application must be made within 120 days of the date of death or 30 days after the notice is received by the person contesting the will, whichever is later.

Contesting a Will in Superior Court

Contesting a will in a superior court requires filing an application with the superior court where your loved one lived at the time of death or where they were domiciled (meaning that they had been living there for six months or more).

Step 2: File a petition contesting the will in your loved one’s residence county court

Petitioning starts with filing a Petition to Contest Will with the court in which your loved one lived at the time of death. You’ll need to serve your petition on all parties named in the will (or their guardians) within 120 days of filing. The petition must include the following:

1. An affidavit stating that no bond has been filed by any interested party and no extension has been granted by the court;
2. A copy of every document relating to your claim; and
3. A declaration under penalty of perjury that none of these documents has been altered since execution.

Step 3. Start Your Will Contest Trial

After you file your petition, the court will schedule a hearing date for you and other interested parties (such as beneficiaries). You’ll have an opportunity to present evidence that your loved one could not make a valid will or that there was undue influence on them by another person or entity.

You may also present evidence of fraud or duress that led to making an invalid will. The judge will then issue an order to determine whether the current will should be honored. What are the most common reasons for contesting a will? If the judge decides that your loved one’s will is not valid, they may:

• Reject the entire will
• Confirm all or part of the will (a partial judgment)
• Reject all or a portion of the will (an entire decision)

There’s a No-Contest Clause in the Will. Can I Still Dispute It?

Yes. You can still dispute a will if there’s a no-contest clause.

A no-contest clause is a provision in a will that says the beneficiaries cannot contest the will. It prevents family members from fighting over an estate after the person who wrote it dies. There are several common types of no-contest clauses:

• One type says that anyone who disobeys any part of the will or its terms is automatically disqualified as a beneficiary and may not receive any part of the estate.
• Another type says that if someone challenges the will’s validity, they’re not entitled to any payment under it.
• A third type says that if anyone contests the will, they lose their share of the estate.

No-contest clauses are legal in most states, including California, but they can be challenged in court if someone believes they were wrongfully denied an inheritance. The challenge may result in a court order for payment under the terms of a deceased person’s will, even if there was a no contest clause.

Conclusion

You do not have to be a family member in California to contest a will. A will challenge may be an uphill battle, which is why a skilled probate lawyer is essential. You may contest a will in California if you have a claim against the estate no later than four months (120 days) after the will is admitted to probate.

Whether you’re looking to invalidate a hastily drafted will or going through probate and want to protect your interests, a knowledgeable and experienced will dispute lawyer from a California Trust and Estate Law Firm can help. Contact Hess-Verdon & Associates immediately for a free consultation and set up an appointment with one of our will contest lawyers today!