What Happens if a Will is Disputed by Beneficiaries?

A will is an incredibly important document that allows you to pass assets and gifts to your loved ones in the event of your passing.  A will can be difficult to create and execute properly, but with the help of an experienced estate planning attorney, you can create a legally sound will. But, even when everything is executed properly, a will may still be disputed by its beneficiaries. Read on to learn about why a will might be disputed and what happens if this occurs.

Reasons for Dispute

For the most part, wills are created specifically to avoid disputes. Regardless, beneficiaries may wish to dispute a will for a variety of reasons. Some of these reasons might include a beneficiary’s name being left out of the will, or a beneficiary feeling that the will is unfair or unequal. Some problems may include issues with the chosen executor, and the actions of a trustee or executor, amongst others. The biggest reason to contest a will is if you question the validity of the will.

If you question the validity of the will, the will may be disputed for the following reasons:

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

If the court finds any of the above to be true, the will can be thrown out. In this case, the deceased’s assets will be distributed by the state of California instead.

How to Handle Disputes

When mourning the loss of a loved one, a trial is likely the last thing you want to face. Litigation can be a long, difficult, and emotional process. When disputes arise, mediation is often the best option. Law Offices of Yacoba Ann Feldman will work with you to ensure that the will in question has been created and executed properly.

If you are a beneficiary of a will and you believe there is an issue with the will, or with your share of assets, reach out to our firm today to learn about your options and for help with mediation. If you or someone you know is looking to contest a will, contact the Law Offices of Yacoba Ann Feldman today.

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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