Legal Question in Wills and Trusts in California

Re: contesting a willl

It's impossible to know without more details. Will? Trust? When was will and/or trust drafted? Who does he live estate to? No contest clause? Etc.... Feel free to call me sometime if you want to talk about more details. -John

Re: contesting a willl

While John has raised some good questions which need to be answered, I will respond as best I can, since your factual presentation is incomplete. Any natural heir can contest a Will, and many grounds form the basis of such litigation, including incapacity, undue influence, omitted heir, etc. Many states have no-contest clauses so unless you can overcome the law, you can win and lose. Children are not automatically entitled to an inheritance and can be disowned, and many reasons support this, including the fact that some parents and children have becomer estranged. Plus, a Will only acts on assets in an individuals sole name, so any assets held in joint registration, accounts titled as POD, and assets with designated beneficiaries (like life insurance and retirement plans) are not usually effected by a Will. Not having seen the Will and from your limited facts, this reply is general. If you want to discuss this further, contact me directly.

Re: contesting a willl

While you provide very little information, a good guess is that your father's estate will have to be probated.

In general, will contests are difficult cases to win. Generally, one needs to prove fraud, duress, undue influence, lack of capacity, or forgery. Most of these are not easy to prove.

If you would like to discuss this further, please do not hesitate to contact me.

Sincerely,

Kai H. Wessels, Esq.

(toll free: 877-Wessels)

(The above is provided for informational purposes only, and not to be relied upon as legal advice.)

Re: contesting a willl

this depends upon the language of any will or trust of the decedent (and whether or not such documents are valid). you should retain a qualified attorney in the county in which your father died to review all relevant documents and facts, deterimine whether or not probate is necessary, and prepare any needed petitions to the probate court.

Re: contesting a willl

I am sorry to hear of your father's passing. Even not getting along with him, and I can well understand that, it is still the passing and you deserve my deepest condolances.

In regards to your question: The short answer is, that if he only had a will then there will be a Probate and you will need to find CA representation ASAP.

It is possible that he also had a trust in which case it can avoid Probate. Probate is a nasty thing (learn more about it on our firm's site No-Probate.com).

If you need assistance, please feel free to contact me at the number and email listed by LawGuru or through our firm's site.

Take Care,

Scott