How to Contest a Will in California

Wills can be contested for a variety of reasons, the most common of which is for wills that were made fraudulently. Contesting a will is something you can do on your own, but you should enlist the aid of an experienced probate attorney to help you. Not only will your lawyer know the procedure to follow in your will contest, but he will also improve your chances of success. There is only a limited amount of time you have to contest a will after probate has begun, so be sure to file any necessary paperwork as soon as possible.

Instructions

1

Ensure that you have standing to challenge the will. The only people who can challenge a will are those who are specifically named in the will, were named in a previous will or would have received a share of the estate under intestacy laws (California laws that determine how an estate is divided when someone dies without a will). Individuals in the last category tend to be spouses or children.

2

Identify the legal reason you have for contesting the will. You cannot contest a will merely because you do not like it; California requires that you have a specific legal reason. The most common reasons are lack of capacity (Californians must be at least 18-years-old and of sound mind to create a will), duress (if someone coerced the individual to make a will), menace (if someone threatened to injure or blackmail the individual unless she made a will), fraud, undue influence (someone took advantage of a relationship with the deceased to encourage her to make a will) and mistake.

3

Look for any no contest clauses in the will. Some wills include provisions that disinherit beneficiaries if they attempt to challenge a will. If such a provision exists, you will have to decide if it is worth the risk to challenge the will, as a failure will mean that you will not collect anything from the estate.

4

File an objection with the probate court that is handling the individual's estate. Your objection must state your reasons and explain why you have standing on the issue. The form of the objection will vary depending on your jurisdiction within California, but the clerk of the probate court should be able to provide you with a document to fill out if you are representing yourself.

5

Attend the hearing that is assigned to you. At the hearing, you will have the burden to prove why the will is invalid. Present any evidence you have (including previous wills if any exist) and try to convince the probate judge that the will in question should not be used to distribute the estate.

---

• 
  

  How to Get a Free Psychic Reading Free of Charge

  www.tarotadviser.com/how-to-get-a-free-ps

  Really Looking for a Free Psychic Reading Free of Charge? Do you have a burning question that you are dying to ask a psychic? Do you wonder if you will ever find true ...

• 
  

  Florida man who died in cockroach-eating contest choked to

  usnews.nbcnews.com/_news/2012/11/26/15460502-florida-man-who-died...

  A man who collapsed after winning a cockroach-eating contest last month at a Florida pet store choked to death, according to a Broward County Medical Examiner report ...

• 
  

  Lose Weight Fast How To Lose Weight Fast HCG Weight Loss

  www.lose-weight-fast.com

  How to Lose Weight Fast? HCG Weight Loss Program will show you how to lose weight fast and have the healthy body of your dreams as you lose weight fast.

• 
  

  Find Your California Representative

  findyourrep.legislature.ca.gov

  Enter your California address and click the locate button to find your State Senate and Assembly representatives.

• 
  

  How To Text A Man: The Art Of Sending Flirty Text Messages

  www.gaydatingsuccess.net/how-to-text-a-man

  Brain farting on how to text your man? Try our collection of witty text flirts. 300+ pre-written texts catalogued by our team of researchers. No lame poems or cliches.

• 
  

  Guitar-Contest.com Win a Guitar, Amp, Effects & More

  guitar-contest.com

  Guitar-Contest.com Keeping tracking of every online guitar contest, giveaway, and sweepstakes so that you can win a guitar, amps, pedals, and more.

• 
  

  How Not To Be Seen - YouTube

  www.youtube.com/watch?v=zekiZYSVdeQ

  I had a hard time finding this hilarious clip, so I thought I would help share the very valuable knowledge of how not to be seen. If you like this clip ...

• 
  

  Win a Free iPad 2 Learn How to Get a Free iPad Today Win

  winonlinerewards.com

  Get Lucky & Win a FREE iPad 2 ! Find out, how you can Get a FREE iPad 2 or Win a Free iPad 3 in the contest inside? It easy & Simple, just follow the 7 steps as ...

• 
  

  How to Bench Press Get a Big Chest, Add Muscle All

  www.youtube.com/watch?v=vUcjOIZc80c

  Here is a video instruction on how to setup for the barbell bench press and not injure or irritate your shoulders. Check out the new Accelerated Muscular ...

• 
  

  How to Get a Job - NYTimes.com

  www.nytimes.com/2013/05/29/opinion/friedman-how-to-get-a-job.html

  May 29, 2013 Underneath the huge drop in demand that drove unemployment up to 9 percent during the recession, theres been an important shift in the education-to-work ...

Related Posts

You're reading an article about How to Contest a Will in California and you can find articles How to Contest a Will in California this is url http://mesotheliomalawy.blogspot.com/2013/10/how-to-contest-will-in-california.html,you may spread or copy and paste it if the article How to Contest a Will in California This is very beneficial to your friends, but do not forget to put the link How to Contest a Will in California as the source.