Legal Question in Wills and Trusts in Arizona

Re: Shoul we contest our father's will?

Your question does not give me a clear indication if your father lived in CA or AZ. I am in AZ.

Will contests are very challenging to prove; in AZ you have the burden of proof with a standard of "clear and convincing" evidence, which is a lesser evidentiary standard than criminal cases, which have a "beyond reasonable doubt" standard, but more than a "predonderance of the evidence" (simple greater weight) standard of civil cases in general.

More evidence would need to be reviewed by me to give an opinion. Also, is the estate worth more than $37,500? The surviving wife will take that much in statutory allowances even if not mentioned in the will.

If your father died in AZ you are free to contact us for a free, no obligation consultation at 480.835.1500. If he died in California, contact a California attorney.

Best regards,

James D. Jenkins

Re: Shoul we contest our father's will?

Of course it is possible to void a will if there was undue influence on the part of someone else. But that is often very difficult to prove, given the legal requirements. Was there a lot of money in the estate? That will also be a major factor in determining whether you would want to hire a lawyer to challenge the will.

Feel free to contact me to discuss this further, if you wish.

Re: Shoul we contest our father's will?

It sounds like you should absolutely contest the will on the grounds of undue influence and perhaps other grounds. You should contact an attorney with experience in probate litigation as soon as possible. Please feel free to contact me for a free phone consultation.

Re: Shoul we contest our father's will?

It is POSSIBLE. Without getting complete information I could not give a proper response. For instance, was the "influence" UNDUE. The legal standard is whether the person exerted "undue influence" on your father to have him change the disposition of his property.

You need to be aware that the burden of proof is likely going to be on you. Litigation of this type tends to get expensive very quickly. Therefore, you will want to make sure that the amount of assets at stake make such litigation worthwhile.