Robust Representation In Will Contests
Engaging in will contests can be difficult, especially if you’re still mourning the loss of your loved one whose estate is at the center of the dispute.
At The Sterling Law Group, A P.C., we’ve handled many will contests across the Golden State. We understand how frustrating these disputes can be, especially when family tensions boil to the surface. That’s why we give your case the time and dedication it deserves.
Why Wills Get Contested
There are many reasons people challenge wills. When family members hold conflicting perspectives about your loved one’s dying wishes, it doesn’t take much for a small disagreement to turn into a contentious legal battle. People choose to contest a will for a number of reasons, including:
- Their loved one wrote their will under undue influence
- Accusations of fraud and forgery surrounding the will
- Their loved one updated their will right before they passed
- Their loved one lacked capacity at the time they created their will
There are strict timeframes for contesting a will in California. If you have concerns regarding a will recently presented or admitted to a court, our estate litigation attorneys can help you evaluate the situation and advise you on whether or not you have the grounds to challenge a will.
Who Can Challenge A Will In California?
In California, in order to contest a will, you have to have what the law calls “standing,” which means you must be directly affected by the outcome of the will. Typically, those who can challenge a will include:
- Beneficiaries named in the will
- Beneficiaries from a previous will
- Individuals who would inherit if the will did not exist, like family members
If you feel that the will does not reflect the true intentions of your loved one, or if you suspect issues like undue influence, fraud, or lack of mental capacity, you may have grounds to contest it. At The Sterling Law Group, A P.C., our probate attorneys can help you assess your potential claims and suggest legal strategies for the next steps. Whether you are a spouse, child or other relative, we can help you determine if you have the legal standing to challenge the will and represent you in court if necessary.
How Can You Challenge A Will In California?
Challenging a will in California involves several steps. First, you must file a petition in the probate court where the will is being processed. This petition outlines your reasons for contesting the will. Grounds for a challenge can include:
- A lack of capacity
- Undue influence
- Fraud
- The improper execution of the will
Once the petition is filed, the court will review the case and a hearing may be scheduled. During this process, gathering evidence and witness testimonies is important. Our estate litigation team regularly handles issues involving fiduciary duties, the administrations of trusts and litigation regarding trusts. They have the knowledge and experience to prepare a strong case on your behalf, solidifying legal strategies and representing you and your best interests in the legal procedures involved.
Giving You A Voice Amid Will Disputes
During your initial consultation, we will take the time necessary to understand your story and your will dispute. We want to hear about your concerns and the goals you’d like to achieve by the end of your case. While we cannot promise exact results, we can create and tailor our legal strategy to fit your needs and keep your best interests in mind.
Consult An Estate Litigation Attorney For Free
To discuss your potential case with an estate litigation lawyer, we invite you to take advantage of our free initial consultation. To schedule your free appointment, you can send us a message using our online form or call us at 916-727-6904. We take cases in both Northern and Southern California.