4 Situations That Should Prompt You to Contest a Trust or a Will in California
Challenging a will or a trust in California is an unusual occurrence. Most will pass through probation without any problem. According to trust litigation lawyers Los Angeles, only 1% of wills or trusts are challenged.
California’s law allows survivors to challenge a will if they doubt its legitimacy. You can contest a will immediately the person dies or within 120 days after it has been successfully admitted to probate. Trust and estate attorneys Los Angeles will help increase your chances of winning the case.
The only people who can challenge a will include an heir to the deceased, beneficiaries, and creditors. Before challenging the will, it is advisable to provide concrete evidence. Estate litigation lawyers Los Angeles can help you confirm the proof before forwarding it to court.
That said, here are some reasons you might want to contest a will or a trust in California.
Undue Influence, Fraud and Forgery
Even though it is sad, some individuals enjoy manipulating the vulnerable and elderly in society. Trust litigation lawyers Los Angeles insist that it is against the law to manipulate a vulnerable person into including you in their will.
You can challenge a will or a trust if you suspect that it was procured by fraud or undue influence. You can also challenge the document if you suspect it is a forgery. You can contact our family law attorney Los Angeles.
Multiple Wills
People tend to draft a new document when they relocate to a new state or update their estate plan. One can also write a new will when they want to change the details. When you are convinced that there is more than one will or trust, go ahead and contest.
Most of the time, the court will consider the new document to be the will or trust. However, it must get validated first before it can be used. It is, therefore, essential to include dates in a will.
Capacity
In California, individuals who are younger than eighteen years cannot create a will or a trust. The law requires you to be 18 years or older to have the capacity. Additionally, the adult creating the will or trust should be of sane.
If you have proof that the deceased had dementia, senility, or was using drugs when writing the will, then you can contest the will or trust.
Violating Provisions
According to trust and estate attorneys Los Angeles, a will or trust only becomes valid when written and signed in the presence of two or more witnesses. Each witness must also write their signature on the will to show that they were present.
Additionally, the witnesses must be neutral and not mentioned in the document. Failure to follow these provisions may render the will or trust useless.
Challenging a trust or a will is not something that happens every day. Contact estate litigation lawyers Los Angeles if you are unsure of challenging the will or when you suspect the above red flags. The law offices of Nigel Burns offer a variety of services to people living in California.
Apart from trust and estate attorney, you can also request the services of our family law attorney Los Angeles.
