Experienced Lawyers for Your Will Contest in Irvine
A will contest often arises when one or more beneficiaries listed in the will believe that there is a problem with the will or an amendment to the document after the deceased signed it. Close relatives or family members may also approach a court to address their concerns when a testator leaves them out of a will.
If you’re not satisfied with your share of your family or friend’s estate, feel that the testator obtained the will illegally, or think others have excluded you as a beneficiary, you may proceed toward a will contest. We recommend choosing an experienced will contest lawyer from a local law firm who cares about your family and can stop inheritance theft guaranteed.
On What Grounds Can You Contest a Will in Irvine?
Keep in mind that you can’t contest a will just because you are not satisfied with the distribution of the estate. If the court discovers irregularities in the will of your deceased parent or family member, the court may overturn the will or use a previous version of it instead. To contest a will in Irvine, one or more of the following legal reasons must exist:
1). The testator did not sign the will according to state laws.
A will is likely to be invalidated if investigations reveal that the deceased did not sign the document in accordance with state probate laws. Each state has specific laws governing signing a will. The state of California, for instance, requires that the testator is in sound mind (understands what property they own and comprehends the consequences of their chosen asset distribution) and must sign the will in front of two witnesses.
2). The testator lacked testamentary capacity at the time of signing the will.
If you feel that the decedent lacked the mental capacity to understand the will terms, conditions, and benefits, you can approach a court in the County, usually with the help of reliable will contest attorneys. Each state has a threshold below which they define testators as incapable of signing their will.
In some states, they still consider testators as capable even with signs of dementia. As long as they know their assets and understand the implication of signing a will, they can sign the document without legal intervention.
3). The testator was unduly influenced.
It is usually challenging to prove that a testator signed their will under duress or undue influence. This may happen when others threaten them, not in complete control of their day-to-day activities, or someone very close to them supports them to do nearly everything. Such situations may create the opportunity for a third party to influence the decedent or testator to sign a will they would otherwise disagree with.
4). The testator signed the will by fraud.
You may also contest a will if you believe that the deceased unknowingly signed the legal document. A fraudulent will is one that an interested third-party tricked the testator into signing. For instance, the testator may think he’s signing a different form, not knowing he wrote his signature on a binding will.
Fraudulent wills usually follow due to lack of testamentary capacity since the decedent may not have bothered to review the documents before signing. In this case, the testimony of a witness is the best chance you have to invalidate the will.
Here are Steps You Can Take to Contest a Will:
- Step One: Gather as much information as possible about the decedent’s physical and mental health history. You can do that by talking to other family members and friends. Find out what prescriptions they used.
- Step Two: Obtain background information about the decedent’s condition when the testator signed the purported will. Where they lived, who they lived with, who took care of them, etc.
- Step Three: Seek professional legal advice and help by contacting our office to schedule a free consultation. Call (714) 963-7543.
Why You Should Let Us Handle Your Will Contests
The Legacy Lawyers has an easy and stress-free approach to helping you handle your will contest in Orange County. Once you contact our office, we will schedule a free consultation with you, including preliminary paperwork at no cost to you. Once our team of probate litigation attorneys understands what you need, we’ll assign you a probate lawyer who will see you through the end of the process.
For years, we have served clients in different parts of Orange County, including Costa Mesa, Los Angeles, Huntington Beach, Laguna Hills, Newport Beach, Garden Grove. We represent our clients with their best interests at heart. Call us today at (714) 963-7543 to get started.
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18872 MacArthur Blvd,
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