Your grandmother always promised her house would go to the grandchildren. But when her will is read, everything goes to the caregiver she met six months ago. Sound suspicious? You’re not imagining things. When a will doesn’t match what you know about your loved one’s wishes, you might have grounds to contest it in Orange County Probate Court.
Why Do People Contest Wills?
Contesting a will means challenging whether it’s valid or reflects what the person really wanted. It’s not about being greedy – it’s about making sure your loved one’s true wishes are honored. People contest wills when they suspect elder abuse, undue influence, fraud, or mistakes in how the will was created.
Common Reasons Wills Get Contested in Orange County:
Someone pressured a vulnerable person to change their will (undue influence). The person wasn’t mentally capable of understanding what they were signing. The will wasn’t properly witnessed or signed according to California law. Someone forged the signature or tricked the person into signing. A newer will exists that cancels out the one being used.
Client Testimonial: “My dad had Alzheimer’s when his girlfriend got him to sign a new will. The Legacy Lawyers proved he couldn’t have understood what he was doing. We got his real will honored instead.” – Jennifer T., Huntington Beach
Questions People Ask About Will Contests
“How do I prove my mom was pressured into changing her will?”
Undue influence often leaves clues. The Legacy Lawyers look for sudden changes in long-standing estate plans, isolation from family before the will changed, the influencer being present when the will was signed, unusual gifts to caregivers or new friends, and changes made when your mom was sick or dependent on others.
“What if the signature doesn’t look like my dad’s handwriting?”
Handwriting experts can compare signatures to determine if forgery occurred. The Legacy Lawyers work with forensic document examiners who can spot fake signatures that fool the untrained eye.
“My brother says contesting the will means I get nothing. Is that true?”
No! This is a common scare tactic. While some wills have “no-contest” clauses, California law protects people who have reasonable grounds to challenge a will. The Legacy Lawyers can review any no-contest clause and advise you on your rights.
Real Case: The Caregiver Who Went Too Far
Eleanor hired a caregiver named Susan when she turned 85. Within a year, Susan had moved into Eleanor’s Laguna Beach home and convinced her to sign a new will leaving everything to Susan instead of Eleanor’s three children.
Eleanor’s children knew something was wrong. Their mother had always been clear about dividing her estate equally among them. The Legacy Lawyers investigated and found that Susan had taken Eleanor to her own attorney, stayed in the room during the will signing, and had been writing checks from Eleanor’s account.
The Orange County Probate Court ruled that Susan had used undue influence. Eleanor’s original will was restored, and her children received their rightful inheritance.
Legal Fact: In California, certain people are presumed to have used undue influence if they receive large gifts. This includes caregivers, attorneys who draft the will, and others in positions of power.
Warning Signs a Will Might Be Invalid
These red flags suggest a will might not reflect your loved one’s true wishes:
Sudden Changes: A will signed shortly before death that completely changes long-standing plans.
Isolation: Your loved one was kept away from family before signing the new will.
Mental Decline: The will was signed when your loved one had dementia, was heavily medicated, or was clearly confused.
Unusual Beneficiaries: Large gifts to recent acquaintances, caregivers, or others who suddenly appeared in your loved one’s life.
Secret Signings: The will was signed without family knowledge, often with strangers as witnesses.
Missing Assets: Property or accounts your loved one owned don’t appear in the will.
How The Legacy Lawyers Fight for Your Family’s Rights
Contesting a will requires specific legal knowledge and quick action. The Legacy Lawyers understand California probate law and know how to build strong cases. They help by investigating the circumstances around the will signing, gathering medical records showing mental capacity, interviewing witnesses who knew your loved one’s true wishes, working with experts to analyze documents and signatures, and filing proper legal challenges within strict deadlines.
Client Testimonial: “The Legacy Lawyers treated our case with such respect. They understood we weren’t just fighting about money – we were fighting to honor what our mother really wanted.” – Michael R., Anaheim
Time Limits Matter – Don’t Delay
California law gives you limited time to contest a will. Generally, you have 120 days after the will is admitted to probate. Missing this deadline could mean losing your right to challenge forever, no matter how wrong the will is.
Stand Up for What’s Right
If your loved one’s will doesn’t reflect their true wishes, you have the right to challenge it. Maybe they were pressured, confused, or tricked. Whatever happened, their real intentions deserve to be honored.
The Legacy Lawyers have successfully contested wills throughout Orange County. They understand the emotional and legal complexities involved and will guide you through every step.
Don’t let someone take advantage of your loved one’s vulnerability. Contact The Legacy Lawyers today to discuss your concerns and learn about your options for contesting a suspicious will.
