Will Dispute
Definition Disputing a Will:
California law generally recognizes a person’s right to make a will, trust or estate plan that reflects individual wishes, including individual wishes that would not be consider fair or equal. However, there are situations that sometimes lead to grossly unfair wills which leave valued members of a family without any benefits.
California Law does allow a will to be disputed in certain cases. Some justifications for disputing a will include:
- Whether or not the Will is grossly unfair.
- Whether there are dependants who were partially or fully financially dependent upon the deceased.
- Whether the deceased had the medical capacity to understand what he/she was doing when the will was created.
- Whether the deceased possessed the mental capacity to understand what he or she was doing when drafting the will in question.
- If the executor was unduly influenced by another person prior to the signing of the will and that the distribution of assets does not reflect the deceased true wishes. This is known as an undue influence claim.
- If the will is premised upon a misunderstanding of or fraud related to the will contents
Legal Consequences of Disputing a Will:
Disputing a Will is often a very emotion process. In addition to a family member passing away, there is a range of paperwork and legal processes that must be followed. If parties who are deserving or eligible for inheritance are omitted or overlooked a will dispute may be required. A California Will Contest / Will Dispute lawyer can work on attaining a more equitable distribution of the diseased assets.
What a Lawyer can do for you:
A California Will Contest / Will Dispute lawyer can help navigate this very emotional situation. A will dispute lawyer can work to attain a more just distribution of assets from the deceased estate. A will dispute lawyer can coordinate the collection of evidence, negotiate possible settlements, submit evidence to the court and prepare for court hearing and/or mediation.
Lawyer Referral Service:
To find an experienced Will Dispute attorney, contact Attorney Search Network. We can help you find a Will Dispute lawyer who will help you with your legal issue.
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