Should I Contest a Will in California? | Here’s What to Know

probate process

If you have questions about how to contest a will in California, do not wait to reach out to our firm today to speak with a dedicated Woodland Hills will attorney today. Our legal team is on your side.

Why contest a will in California?

There are a number of reasons a beneficiary will want to contest a will in California. For example, if he or she thinks there is an issue with the validity of the will or that they did not receive a fair share, etc. A will can be contested by the executor of the will, any heirs, spouses, creditors, or anyone else with a property right or claim against the estate. Some of the most typical causes a will is found invalid include:

  • If the will was not executed properly
  • If fraud or forgery took place
  • If it was created under the influence of another party
  • If the deceased was not mentally competent when writing the will

What is a valid will?

A valid will must contain several different elements. A valid will meets the following requirements:

  • The testator must be at least 18 years old and of “sound mind and memory”
  • The testator must either sign the will themselves or another person must sign the testator’s name at their direction and in their presence
  • At least two people must witness the signature and sign their names on the will within 30 days of each other
  • At some point during the will’s execution and attestation, the testator must tell each witness that the document is their will

Do not wait to reach out to our firm today if you have any questions or concerns about contesting a will and how the process works. Our legal team is ready to help. Just give us a call.

What will a court do with an invalid will?

In the event that a court deems a will invalid, it will likely be thrown out. If there is no other will, the deceased individual’s assets will be passed on through the California succession plan.

Our legal team realizes that after a loved one has passed away, litigation is the last thing families will want to encounter. Litigation can be a long, difficult, and emotional process. When disputes arise, mediation is generally the best choice. Do not wait to reach out to our firm today to speak with a qualified estate planning attorney so that you and your family can resolve these issues right away.

Contact our Firm

Working with an experienced estate planning attorney, such as Jaci Feldman of the Woodland Hills, California, Law Offices of Yacoba Ann Feldman, will ensure that you are taken care of when you need it most. Do not delay. Estate planning is a more urgent matter than you may think. You never know what the future holds. Contact The Law Offices of Yacoba Ann Feldman to schedule a consultation today.

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