A Quick Guide To Legal Reasons For Contesting Inheritance In California
Inheritance can be complicated. There's always a chance that someone might get left out or be unhappy with how the will is written. That said, there is a way to challenge a will, and it can be done with the help of a Long Beach Estate Administration Attorney in California.
It should be said that you cannot simply contest a will because you want to. Your claim must be supported by legal reasons, and you may only have standing (or the right to challenge a will) if you:
Are previously specified in the last will and testament
Were specified in the prior or previous version of the will of the decedent
If there had been no will, I would have been eligible to receive the estate.
However, before you decide to challenge an unfair will, you should speak with a prescreened Long Beach Estate Attorney to review your case. A lawyer will be able to assess your position, gather evidence, and bargain on your behalf.
What Can Challenge A Will In Long Beach?
The persons listed below have legal standing to contest the will:
Those who have been named as beneficiaries in the will
Beneficiaries previously identified in a will
Those who were not included in the most recent version of the will
Beneficiaries whose inheritance has been considerably decreased due to the most current version of the will
Anyone who isn't included but would be entitled to the property if it weren't for the will.
You'll need a strong reason to contest a will if you've proven that you have legal standing to do so. You must first demonstrate that something about the will's drafting is illegal; a will challenge can only be made if the will is invalid.
Consult a Long Beach Estate Lawyer for assistance in assessing your existing situation.
Legal Justifications for Contesting a Will
So, you can't just dispute someone's will without having a good reason. The following are some of the most prevalent reasons for an interested person to contest a will:
1. The Decedent Lacked The Mental Capacity To Make Decisions While Writing The Will
The testator, or the person to whom the last will and testament are directed, must be mentally competent when writing the will. If the testator is of sound mind when making the will, they are considered to have the testamentary ability.
This implies that the testator should understand the consequences of making a will and naming beneficiaries, as well as the nature of their inheritance.
2. There Was Some Undue Influence
When a relative takes advantage of the testator by persuading them to bequeath a larger percentage of the inheritance, this is referred to as "undue influence." If someone was forced to make a will, it might be contested in court.
For assistance in determining evidence of the undue influence that could harm your inheritance, contact a Long Beach Estate Attorney.
3. Laws Had Been Broken
A will that isn't legally recognized could be contested in court. The will must follow the following requirements in order to be considered valid:
Wills must be properly signed by two witnesses in order to be considered valid.
If the testator makes a revision to the will, two witnesses must sign the new will.
In the will, the testator should name those who will receive property.
In community property states, if the testator's spouse is still alive, they are often not allowed to distribute property acquired during the marriage.
The testator was not pressured into signing the will.
There should be no forgery or fraud.
Contact a Long Beach Estate Litigation Attorney for additional information about improperly drafted wills.
4. A Newer Version Of The Will Is Available
When a testator makes a revision to their will, all previous copies of the will should be revoked. Only the most recent version of the decedent's will is valid as long as it was properly created.
A codicil is one method of altering a will. However, because it does not instantly revoke past copies of the will, it may be preferable to just prepare a new will to avoid causing confusion among your heirs.
5. The Will Is Unfinished, Unclear, Or Incomplete
If certain legal standards are not satisfied, the will may be ruled incomplete. This could involve the following:
The testator did not or refused to sign the will
Blank spaces were left where the names of the beneficiaries should be
The wording or phrasing is unclear
The wording is wrong
However, you should speak with a Long Beach Estate Administration Attorney to see if you have grounds to contest an unfinished will.
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