Is it Worth Contesting a Will Near Newport Beach?

The Need to Understand Contesting a Will

We understand that contesting a will is not a decision to be taken lightly. It can be a complex, emotionally draining process. But sometimes, it becomes a necessary path to pursue, especially when you have serious concerns about the legitimacy or fairness of a will.

When is it Appropriate to Contest a Will?

Generally, contesting a will is appropriate when you believe that the will is fraudulent, the decedent lacked the capacity to make a will, or undue influence was applied. But is it the right step for you?

Understanding the Risks and Benefits of Contesting a Will

Before diving into this process, it’s essential to weigh the risks and benefits. You could potentially receive a significant portion of the estate, but you could also strain family relationships or end up with nothing if you lose the case.

The Role of Hess-Verdon & Associates in Contesting a Will

Now, this is where we, Hess-Verdon & Associates, step in. We guide you through this challenging process, utilizing our unparalleled estate planning expertise and sophisticated understanding of trust and probate litigation.

Our Extensive Experience in Estate Planning and Litigation

With over three decades of experience in estate planning, business, and commercial litigation, we bring a depth of knowledge to your case. Our extensive background in trial preparation, strategy, and presentation is crucial to your success.

Delivering Comprehensive Legal Counsel

We provide comprehensive, results-oriented legal counsel tailored to your specific circumstances. Our service extends to trustees, beneficiaries, business entities, and real estate partners alike.

Our Commitment to Results-Oriented Legal Counsel

Our commitment doesn’t stop at providing legal advice. We go above and beyond to secure the best possible outcome for you, ensuring you receive what you rightfully deserve.

Making the Decision: Is It Worth Contesting a Will Near Newport Beach?

Only you can make this decision, but we’re here to help.

A Comprehensive Assessment

We offer a comprehensive assessment of your situation to help you determine if contesting a will is worth it for you. Give us a call at 1-888-318-4430 and let’s discuss your situation.

Concluding Thoughts

Ultimately, the worthiness of contesting a will near Newport Beach or anywhere else depends on numerous factors. With Hess-Verdon & Associates by your side, you will have a trusted, experienced, and dedicated partner to guide you through this process.

What are the grounds for contesting a will?

There are several grounds for contesting a will, including:

1. The decedent lacked testamentary capacity: they did not understand the nature and extent of their property, or they did not comprehend their relationship to living relatives and people named in the will.
2. Undue influence: someone exerted influence on the decedent to write the will a certain way.
3. Fraud: the will was not created by the decedent, or the decedent was tricked into signing it.
4. The will doesn’t meet legal requirements: it wasn’t properly witnessed or signed.

FAQ

How long do I have to contest a will?

The timeline for contesting a will can vary depending on the state’s probate laws. In California, you generally have 120 days from the date the will was admitted to probate. It’s critical to consult with an experienced attorney to understand the specific deadlines that apply to your situation.

What is the process for contesting a will?

Contesting a will generally involves filing a petition in probate court and providing evidence to support your claim. This is a complex process that typically involves litigation and possibly a trial. It’s essential to have experienced legal representation to navigate this process effectively.

Can I contest a will if I’m not a beneficiary?

Typically, to contest a will, you must be an “interested party,” meaning you would have inherited under an earlier will or intestate succession if the disputed will were deemed invalid. However, there may be exceptions, so it’s crucial to consult with an attorney about your specific circumstances.

What happens if a will contest is successful?

If a will contest is successful, the entire will could be invalidated, or only certain parts of it. If the entire will is invalidated, and there is no previous will, the estate would typically be distributed according to the state’s laws of intestate succession. If only certain parts of the will are invalidated, the remainder of the will usually stands.