Estate Litigation Lawyer Mission Viejo CA
If you believe that your loved one’s will should be legally challenged or at least reviewed, you should speak to our estate litigation lawyer Mission Viejo, CA believes in. Although litigation can prolong the probate process, it may be necessary when challenging a will. An experienced wills and estates lawyer can assist you through the proceedings and address all of your questions and concerns.
Common Reasons for Estate Litigation
In a perfect world, heirs would always receive their assets formally handed down to them within a will quickly and smoothly. Unfortunately, it is not that easy and does not always work out that way. Some family members may decide to contest the will for one reason or another, which can prolong the timeline of receiving those important assets. Here are some common reasons for estate litigation:
- Undue influence. If a person has reason to believe that a will was created under duress, then it is possible that undue influence may have been involved. If undue influence appears to have taken place, 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 do not correspond with state law. In order for a will to be considered valid in court, it must be in accordance with state law. If there is even one error, the judge could deem the document invalid. That is why it is essential to work with an estate planning lawyer that is experienced and knowledgeable in this part of the law. A qualified lawyer will keep up with the frequently changing estate laws in California and ensure the will is valid.
- The testator did not have testamentary capacity. An estate litigation lawyer Mission Viejo, CA can trust, will confirm that a will is only considered valid if the creator had testamentary capacity during the signing. The creator must be at least 18 years of age 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 any other degenerative mental condition, an induvial may have grounds to challenge the will in probate court.
- There were not enough witnesses to the will. In the state of California, a will has to be signed in the presence of two witnesses. These witnesses are required under state law to understand that they are signing a will and must be of sound mind. If it is discovered that there were not sufficient witnesses that met the minimal state requirements, the will can then be challenged.
If you want to challenge or retain an attorney to review a will, you should schedule a consultation with our estate litigation lawyer Mission Viejo, CA office promptly to discuss your case in further detail. Call Heritage Law, LLP today!