If you have lost a loved one and their estate planning documents dont seem to be correct, it is possible that they were the victim of fraud. If fraud was involved in preparing or amending your loved ones will, a beneficiary may have grounds to object to the validity of the will.
Proving fraud when challenging a California will requires substantial evidence. We have assisted many clients with proving fraud and seeking to have a court declare the will invalid. If you suspect your loved one was the victim of fraud, let us help you understand your legal rights.
The first item we will address is your ability or standing to object to the will. If you are a named beneficiary, you may inherit under the will, or you were eligible to inherit had your loved one died intestate (without a will), you have standing.
Proving fraud means that you must be able to prove that had the fraud not occurred, your loved ones will would have read differently. In most cases, you are alleging your inheritance was detrimentally impacted by the fraud. Additionally, you must demonstrate that the deceased relied upon the lie when creating the will. We help you establish that your loved one would not have signed the will but for the fraudulent information. Finally, it is important to provide evidence that the person committing the fraud intentionally lied or made the misrepresentation to your loved one. Most people commit fraud in order to inherit money or assets from the decedent.
If you have copies of previous estate planning documents signed by the decedent, they may be persuasive evidence. It is also beneficial to prove the state of mind of your loved one at the time they executed the will in issue.
If you are interested in challenging a will based upon fraud, you dont have to go through this alone. We will do most of the heavy lifting and maintain an open line of communication throughout the entire process. Call today if you have any questions: (714) 963-7543. At The Legacy Lawyers we are dedicated to your peace of mind.