What Happens When a Relative Contests a Will in California?

The period after a loved one passes away is extremely difficult. You will be mourning your loss, as well as dealing with matters of their estate. This is especially true if you are the executor of the will. In some cases, a relative will attempt to contest a will. This can be a stressful process for everyone involved. Read on to learn more about contesting a will and how to handle the process.

Why Would Someone Contest a Will?

A will is a document that determines how an individual’s estate will be divided in the event of his or her passing. In the will, close friends and family members may have been left assets, gifts, and more. In some cases, a beneficiary will contest the will. It is important to note that will may be contested for the following reasons:

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

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. You should contact an experienced estate planning attorney in order to get these issues resolved as soon as possible.

How Do I Know my Will is Valid in California?

Because a will is so important, there are certain guidelines that must be followed in order to create a valid will. In California, the guidelines that must be followed in order for a will to be valid is as follows:

  • The testator must be at least 18 years old
  • The will must be handwritten, dated, and signed by the testator
  • California Probate Law requires two witnesses to be present at the time of the signing
  • Both witnesses must sign an affidavit acknowledging the testator’s mental capacity

If you have any questions or concerns regarding contesting a will and how to resolve the process, contact our firm today. Our empathetic attorneys are here to help you through this difficult time.

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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