Estate Litigation Law Firm Orange County
If you believe that your loved one’s will should be legally challenged, you should speak to our estate litigation lawyer in Mission Viejo, CA. Although litigation can prolong the probate process, it may be necessary. A lawyer can assist you through proceedings and address all of your questions and concerns.
Common Reasons for Estate Litigation
In a perfect world, heirs would always receive their assets quickly and smoothly. However, it does not always work out that way. Some family members may decide to contest the will for one reason or another. Here are some common reasons for estate litigation:
- Undue influence. If a person has reason to believe that a will was created under undue influence, he or she may decide to challenge that will in court. People may try to unduly influence a testator to gain more stake in the person’s estate. They may use various tactics to manipulate the testator, such as intimidation, physical violence or emotional abuse.
- The provisions of the will don’t follow state law. In order for a will to be considered valid in court, it must be in accordance with state law. If there’s even one error, the judge could deem the document invalid. That is why it is essential to work with an estate planning lawyer. A qualified lawyer will keep up with the frequently changing estate laws in California and ensure the will is valid.
- The testator didn’t have testamentary capacity. As an estate litigation lawyer in Mission Viejo, CA can confirm, a will is only considered valid if the creator had testamentary capacity at the signing. The creator must be at least 18 and possess the mental capacity to fully understand what he or she is doing. If there is reason to suspect that the creator suffered from dementia or another degenerative mental condition, the will can be challenged.
- There were not enough witnesses. In the state of California, a will has to be signed in the presence of two witnesses. These witnesses are required to understand that they are signing a will and must be of sound mind. If it is discovered that there were not sufficient witnesses, the will can be challenged.
If you want to challenge a will, you should schedule a consultation with our estate litigation lawyer in Mission Viejo, CA promptly to discuss your case in further detail. Call Heritage Law, LLP today!