What To Do if You Think a Will Is Invalid in California
After someone passes away, their will is typically submitted to probate, a legal process meant to ensure that the decedent’s (the person who has passed away) wishes are carried out. However, sometimes, surviving family members or other interested parties may question the validity of the deceased’s will. In California, like in other states, the validity of a will is governed by specific legal requirements. If you suspect that a will does not meet the legal requirements, it is crucial that you understand what to do. This article guides you through what to do if you think a will is invalid.
What Makes a Will Valid in California?
In California, some legal requirements must be met for a will to be valid. If even one requirement is not met, the will is considered invalid and can’t be used to distribute a decedent’s estate assets. The following are some of the conditions necessary for a will to be considered valid in California;
- The will must be in writing. In California, oral wills are considered invalid.
- The will must have the testator’s signature and a date. When the testator cannot sign the will themselves, they may instruct someone else to sign on their behalf.
- The testator must be at least eighteen years old when signing the will
- The testator must be of sound mind, meaning they have the legal capacity to reason, think, or understand the will
- The will must be witnessed by at least two people
- The will must be made voluntarily and freely
What To Do if You Suspect a Will is Invalid
If you have recently lost a loved one and believe that the will that has been admitted to probate is invalid, the following are the steps to take;
- Identify Why You Think the Will Is Invalid
The first and most crucial step is identifying the reasons for your suspicion. Understanding the specific grounds on which you suspect the will may be invalid will guide your next steps. Reasons that may lead you to question the validity of will include;
- You believe the testator was not of sound mind when they made the will
- You believe the testator was unduly influenced
- You believe the will was improperly executed. For example, you believe it was not properly signed
- You believe the will was procured through fraudulent means
- Gather Evidence
Collect any evidence that can help support your claim regarding the will’s validity, such as medical records and witness testimonies.
- Consult a Probate Litigation Attorney
Consult a qualified California probate litigation attorney. An attorney can assess the validity of your claim. They can help you understand your legal rights and options. A skilled probate litigation attorney can guide you through the legal process.
- File a Petition
If you disagree with the validity of a will, you may need to file a petition in probate court. This may entail contesting the validity of the will in a probate proceeding. An attorney can help you prepare the legal documentation, file your petition, and represent you in court.
You can resolve the dispute through mediation without proceeding to trial. However, an attorney can present your case in court if mediation fails.
Contact Us for Legal Help
If you doubt the validity of a decedent’s will and need the help of an attorney, 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.
