Before contesting your loved one’s will, it helps to understand the legal complexities and emotional challenges involved. Contesting a will is not something to be taken lightly. It can strain family relationships and lead to lengthy court proceedings. However, if you...
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Probate Litigation
What probate claims can lead to litigation?
Ideally, a will can guide surviving family members and the probate court on how to properly distribute the deceased's estate. But sometimes, specific circumstances can cause disputes and lead to probate claims. These claims can result in disputes and even litigation...
Will contests: how can you prove undue influence?
Parties to an estate would want to have a smooth and speedy probate administration. However, if an heir or beneficiary finds that there was an undue influence when the testator created their will, they would most likely contest the will’s validity, even if it means...
Will a will prevent probate?
Probate is a long and expensive process of transferring a person’s property and assets upon death. The probate process would be the default in California unless the deceased took other estate planning measures, such as creating a living trust or establishing joint...
4 grounds for challenging a will in California
Will contests are common when it comes to the probate process. Wills involve immediate families, relatives, beneficiaries and other interested parties, and it is not surprising that there are disagreements regarding the estate property distribution. One dispute that...
When you can’t find the decedent’s will
Before the beneficiaries get their inheritance or creditors get paid what the decedent owed them, the probate court in California must validate the decedent's will and close out their estate. If there is no will, the court will apply California's intestacy laws to...