Children and heirs at law can be left off a will. This is because writing a last will and testament in California enables someone to list inheritors and detail exactly how their estate will be divided. This would not only allow someone to write off heirs from the distribution of their estate, but it also lets them write non-relatives and charities into it.
However, there are cases where doubt is thrown into the will. For example, someone could have defrauded the document or used manipulative tactics to trick somebody into writing their heirs out of a will.
In other words, you can challenge a last will and testament in California if you have reason to question its legitimacy. Our prescreened estate lawyers in Los Angeles have encountered such issues, and here's what they have to say about it:
Can You Challenge A Will In Los Angeles, California?
A contest or challenge for a will must be submitted during the probate proceedings (the court procedure that executes a will). A spouse, children, or others with standing to inherit can contest it.
For a contest to be considered, there must be a legal dispute about the will. This means you can't contest a will because you personally think it's wrong, unfair, or offensive.
That said, most people who otherwise have valid reasons to contest a will don't pursue it thinking they lack legal options. Therefore, contacting and meeting with a California estate lawyer is best to ensure an informed choice. Your Los Angeles estate law attorney can review the will, check for possible legal problems, and present you with options you can take.
What Are The Legal Grounds For Contesting A Will In Los Angeles, California?
A will can be contested for the reasons listed below:
1. Issues With The Execution
One of the reasons to oppose a will is an issue with its execution. A will may be void if it is not properly completed, signed, and witnessed per state law. These problems include missing signatures, unclear statements, misspellings, etc.
Due to this, it is imperative for people either hire an estate planning lawyer in Los Angeles to draft the will or strictly adhere to the laws of their state if they decide to draft one yourself.
The same applies if you're planning to challenge a will for problems with its execution. Contact a California estate lawyer to review the document and spot possible problems you can contest.
2. The Author's Capacity To Make Decisions Upon Drafting The Will
If someone is not of sound mind when they sign the will, it is grounds for disputing a will.
Remember, you don't need to be completely free of mental disorders to execute a will. All you need to know about your assets, heirs and beneficiaries, and the will's implications.
So, you should speak with your Los Angeles will and testament lawyer if you have concerns regarding the author's testamentary capacity.
3. Fraud And Undue Influence On The Author
Another legal reason for disputing a will is that the testator was tricked into signing it. For example, the author of the will could have been deceived about the contents of the will before they signed it.
It's also possible for someone to be threatened or under duress as they're signing the will. This occurs when someone has power over the testator, such as a live-in caregiver who controls everything the testator does.
Speak with a California will and testament lawyer who can assist you in assembling proof to the contrary if you are afraid that allegations of undue influence may be made.
Contact An Estate Planning Attorney In Los Angeles, California ASAP!
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