5 Things To Know Before You Contest a Will in California
In California, a last will allows individuals to express how they would like their assets to be distributed after passing away. But what happens when the details of a will seem different from what you believe were your loved one’s last intentions? This is where a will contest comes in, where you can challenge the validity or authority of a decedent’s will, but it is not a straightforward process. Before you contest a will in California, you must understand certain factors, such as your eligibility to file, the evidence you’ll need, and the potential costs involved. Here’s what you need to know before deciding to contest.
- You Must Have a Legal Standing To Contest
Not everyone can challenge a will. In California, you must have legal standing, meaning that you have a financial interest in the decedent’s estate and are, therefore, affected by the outcome of the estate distribution. The most common parties with standing include:
- Legal heirs, such as spouses or children
- Beneficiaries named in the will
- Creditors with legitimate claims
If you do not have a legal standing, the court may dismiss your case. As such, confirm your standing before filing a will contest.
- You Need Strong Evidence
Just being dissatisfied by the contents of a will isn’t reason enough to successfully contest a will. You need to provide the courts with solid evidence to prove that the will is invalid. For instance, you can present evidence showing that the testator was not of sound mind when the will was executed, proof that someone coerced or manipulated the deceased into modifying the will, or demonstrate that the will is falsified or created under fraudulent circumstances. The supporting evidence can include medical records, witness statements, and expert analysis. If you are working with a probate attorney, they can help you gather evidence.
- Time Is of the Essence
California law imposes strict deadlines for contesting a will. Once the will is admitted to probate, you typically have 120 days to file your challenge. Missing this deadline means losing your chance to contest, regardless of how strong your case may be. You can also challenge the will before it is admitted to probate by raising your concerns at the initial probate hearing. The faster you act, the better your chances of building a compelling argument.
- Be Prepared for the Financial Costs
Contesting a will can be expensive, and costs can include attorney fees, court fees, and expert witness expenses. While some of the fees may be reimbursed if you win, there isn’t a guarantee, and you may end up covering all the expenses. Before contesting a will, do your homework and have an estimate of the value of your inheritance, then weigh the potential gain against the legal expenses and see if it’s justifiable.
- Expert Legal Guidance Is Key
Will contests are usually complex. Therefore, it is in your best interest to work with an attorney to guide and represent you. An experienced probate attorney can help assess your case, gather evidence, and ensure you submit your filing accurately and within the stipulated timeframe. With expert guidance, you can improve your chances of success and avoid costly mistakes.
Contact the Probate Guy
If you are considering contesting a will in California, contact the dedicated California probate attorney Robert L. Cohen – The Probate Guy – today to schedule a telephonic consultation.
Southern California Probate Lawyer Serving Orange, Riverside, Anaheim, Whittier & Beyond.
Source:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=8270.&article=4.&highlight=true&keyword=120%20days
