Whether you call it voiding a will, disputing a will, challenging a will, or contesting a will -- these all simply mean the court process by which a beneficiary name in a will, or an heir who is not named in the will, seek to set aside a document they believe should not dictate how their loved one's affairs are handled.
0:00 How can I contest my parents' will in California?
0:32 Can I challenge a will in California?
0:50 Who can challenge a will?
1:17 How do I contest a will?
2:17 What are the common legal bases for voiding a will?
2:35 Voiding a will for incapacity
2:59 Voiding a will for undue influence or coercion
3:51 Will fraud including forged wills
4:18 How long do I have to contest a will?
5:40 How do I choose a will dispute lawyer?
FULL ARTICLE: https://rmolawyers.com/staging/contes...
Can I contest my parents will in California? -- Yes, you can contest a will in California. In fact, it's a lot more common than you might think. Of course, you will need a basis for your dispute. Dissatisfaction with the gift you did, or did not, receive is not a basis for disputing a will. We talk about some of the good reasons for contesting a will later on.
Who can dispute a Will? -- The answer depends on the facts of your case. For example, if you are an heir of the deceased (i.e., sone, daughter, spouse, parent, etc.), then you very likely have the ability to pursue a will contest. If you are not an heir, but you were a beneficiary under a previous version of the Will (i.e., one that gave you a more valuable inheritance than what you are getting under the current version), then you too will have the authority to dispute a will.
How do I contest a will? -- First, consult an experienced Will contest attorney who can help you examine the facts of your case. An expert will contest attorney will be able to advise you whether your case should be pursued, from both an emotional and financial standpoint. Second, file a petition contesting the will in the county court where your loved one resided. Third, work with your Will contest attorney to discover other helpful information and witnesses that can help you prove your case, and secure a favorable result. Lastly, after you've obtained all the information you need, you are ready to start your Will contest trial -- but almost all courts will strongly encourage the parties to try and settle. This would be done through a mandatory settlement conference, the probate volunteer settlement office program, or mediation with a retired probate judge. Your probate litigation attorney can help you decide which path is right for you.
How long do I have to contest a Will? -- A Will must be probated, or administered, through the County Probate Court in the county in which your deceased loved one resided. Once a Will has been offered (filed) for probate, the county probate court will set a hearing that creates deadlines by which you need to file your Will contest petition. You need not wait until the questionable Will has been filed for probate, but you will need a copy of the Will. You should consult a competent Will contest attorney who can help make sure you don't miss your deadline to file your Will contest petition.
Do I need a Will contest attorney near me? -- Normally, we recommend working with a will litigation lawyer familiar with the county probate court where your loved one resided. For example, if the decedent lived in Los Angeles, we recommend working with a Los Angeles will litigation attorney. Even if you live elsewhere.
How do I choose a Will dispute attorney? -- At RMO Lawyers, we protect families and people like you everyday. Contact us anytime for a free consultation, by email: [email protected]
Looking for legal representation? At RMO, we protect people like you everyday.
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RMO LLP serves clients throughout California and Texas, with offices in Los Angeles, Orange County, San Diego, Fresno, Pasadena, the Bay Area, Dallas, and Houston.
We are laser-focused on guiding our trustee, executor, beneficiary, heir, conservator, and guardian clients through some of the most complex and emotionally charged issues life can throw them. Our commitment to helping our clients achieve results that not only add to their bottom line but to their peace of mind is at the core of everything we do. That’s RMO.
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